A. If it appears that the plaintiff was forcibly or unlawfully turned out ofpossession, or that it was unlawfully detained from him, the verdict orjudgment shall be for the plaintiff for the premises, or such part thereof asmay be found to have been so held or detained. The verdict or judgment shallalso be for such damages as the plaintiff may prove to have been sustained byhim by reason of such forcible or unlawful entry, or unlawful detention, ofsuch premises, and such rent as he may prove to have been owing to him,provided such damages and rent claimed shall not exceed the jurisdictionalamount of the court in which the action is tried.
B. The plaintiff may, alternatively, receive a final, appealable judgment forpossession of the property unlawfully entered or unlawfully detained and beissued a writ of possession, and continue the case for up to 90 days toestablish final rent and damages. If the plaintiff elects to proceed underthis section, the judge shall hear evidence as to the issue of possession onthe initial court date and shall hear evidence on the final rent and damagesat the hearing set on the continuance date, unless the plaintiff requestsotherwise or the judge rules otherwise. Nothing in this section shallpreclude a defendant who appears in court at the initial court date fromcontesting an unlawful detainer action as otherwise provided by law.
If under this section an appeal is taken as to possession, the entire caseshall be considered appealed. The plaintiff shall, in the instance of acontinuance taken under this section, mail to the defendant at thedefendant's last known address at least 15 days prior to the continuance datea notice advising of (i) the continuance date; (ii) the amounts of final rentand damages; and (iii) that the plaintiff is seeking judgment for additionalsums. A copy of such notice shall be filed with the court.
C. No verdict or judgment rendered under this section shall bar any separateconcurrent or future action for any such damages or rent as may not be soclaimed.
(Code 1950, § 8-793; 1954, c. 609; 1977, c. 617; 2005, c. 779; 2010, c. 550.)
A. If it appears that the plaintiff was forcibly or unlawfully turned out ofpossession, or that it was unlawfully detained from him, the verdict orjudgment shall be for the plaintiff for the premises, or such part thereof asmay be found to have been so held or detained. The verdict or judgment shallalso be for such damages as the plaintiff may prove to have been sustained byhim by reason of such forcible or unlawful entry, or unlawful detention, ofsuch premises, and such rent as he may prove to have been owing to him,provided such damages and rent claimed shall not exceed the jurisdictionalamount of the court in which the action is tried.
B. The plaintiff may, alternatively, receive a final, appealable judgment forpossession of the property unlawfully entered or unlawfully detained and beissued a writ of possession, and continue the case for up to 90 days toestablish final rent and damages. If the plaintiff elects to proceed underthis section, the judge shall hear evidence as to the issue of possession onthe initial court date and shall hear evidence on the final rent and damagesat the hearing set on the continuance date, unless the plaintiff requestsotherwise or the judge rules otherwise. Nothing in this section shallpreclude a defendant who appears in court at the initial court date fromcontesting an unlawful detainer action as otherwise provided by law.
If under this section an appeal is taken as to possession, the entire caseshall be considered appealed. The plaintiff shall, in the instance of acontinuance taken under this section, mail to the defendant at thedefendant's last known address at least 15 days prior to the continuance datea notice advising of (i) the continuance date; (ii) the amounts of final rentand damages; and (iii) that the plaintiff is seeking judgment for additionalsums. A copy of such notice shall be filed with the court.
C. No verdict or judgment rendered under this section shall bar any separateconcurrent or future action for any such damages or rent as may not be soclaimed.
(Code 1950, § 8-793; 1954, c. 609; 1977, c. 617; 2005, c. 779; 2010, c. 550.)
A. If it appears that the plaintiff was forcibly or unlawfully turned out ofpossession, or that it was unlawfully detained from him, the verdict orjudgment shall be for the plaintiff for the premises, or such part thereof asmay be found to have been so held or detained. The verdict or judgment shallalso be for such damages as the plaintiff may prove to have been sustained byhim by reason of such forcible or unlawful entry, or unlawful detention, ofsuch premises, and such rent as he may prove to have been owing to him,provided such damages and rent claimed shall not exceed the jurisdictionalamount of the court in which the action is tried.
B. The plaintiff may, alternatively, receive a final, appealable judgment forpossession of the property unlawfully entered or unlawfully detained and beissued a writ of possession, and continue the case for up to 90 days toestablish final rent and damages. If the plaintiff elects to proceed underthis section, the judge shall hear evidence as to the issue of possession onthe initial court date and shall hear evidence on the final rent and damagesat the hearing set on the continuance date, unless the plaintiff requestsotherwise or the judge rules otherwise. Nothing in this section shallpreclude a defendant who appears in court at the initial court date fromcontesting an unlawful detainer action as otherwise provided by law.
If under this section an appeal is taken as to possession, the entire caseshall be considered appealed. The plaintiff shall, in the instance of acontinuance taken under this section, mail to the defendant at thedefendant's last known address at least 15 days prior to the continuance datea notice advising of (i) the continuance date; (ii) the amounts of final rentand damages; and (iii) that the plaintiff is seeking judgment for additionalsums. A copy of such notice shall be filed with the court.
C. No verdict or judgment rendered under this section shall bar any separateconcurrent or future action for any such damages or rent as may not be soclaimed.
(Code 1950, § 8-793; 1954, c. 609; 1977, c. 617; 2005, c. 779; 2010, c. 550.)
