What's holdover rent?

Rent owed for the period a tenant remains in possession after the lease or notice has terminated. CCP §1174 allows the court to award daily damages for the holdover period as part of the UD judgment.

How are daily damages calculated?

Typically the fair rental value of the unit divided by 30 (or by actual days in month, depending on lease). The court can award this from the date of termination through the date of restoration of possession.

What about a lease "double rent" clause?

Many leases include holdover rent at 1.5x or 2x as liquidated damages. These provisions are subject to Civil Code §1671 reasonableness review. Modest multipliers tied to documented market-cost basis are more defensible than punitive multipliers.

Does the holdover claim go in the UD?

Yes. The UD complaint asks for back rent, daily holdover damages, costs, and attorney's fees (if lease clause). The judgment combines these. Recovery is then a separate collection process against the former tenant.

What if the tenant pays rent during holdover?

Risky for the landlord. Accepting rent after notice expiration can create or extend a tenancy depending on how it's accepted. Some courts have held that acceptance constitutes waiver. Use a 'use and occupancy' letter to characterize the payment if you accept it during a pending UD.

CCP §1174 · §1671 review

Holdover rent. Daily damages after notice expires.

CCP §1174 allows daily damages from termination through possession restoration. Lease 2x clauses are subject to §1671 reasonableness review. Accepting rent during holdover is risky — characterize as use-and-occupancy.

TL;DR

CCP §1174 daily damages from termination through lockout. Lease 1.5x/2x holdover clauses subject to §1671 reasonable-estimate test. Goes in UD judgment. Don't accept rent during holdover without a use-and-occupancy letter.

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Common questions — holdover rent

What is it?

Daily damages after termination, per CCP §1174.

Calculation?

Fair rental value ÷ 30 (or actual days).

Double rent clause?

§1671 review applies.

In UD judgment?

Yes, alongside back rent and costs.

Accept rent during holdover?

Risky — use a use-and-occupancy letter.