CCP §1174 — At a Glance
CCP §1174(b) — Holdover Damages Explained
What Are Holdover Damages?
Holdover damages arise when a commercial tenant continues to occupy leased premises after their right of possession has ended — typically after the unlawful detainer judgment is entered or after the writ of possession is issued. CCP §1174(b) authorizes courts to award damages equal to twice the daily rental value of the premises for each day the tenant remains in unlawful possession.
The Holdover Damage Formula
The calculation is straightforward:
Daily Holdover Damages = Daily Rental Value × 2
Total Holdover Damages = Daily Holdover Damages × Number of Days of Unlawful Holdover
Example: Monthly rent $15,000 → Daily rate $500 → Holdover rate $1,000/day → 20 days holdover = $20,000 in holdover penalties (on top of all other damages)
When Do Holdover Damages Begin Accruing?
Courts differ on the precise trigger date for holdover damages. Generally, holdover damages accrue from the date the tenant's right to possession legally ended without compliance — which may be the expiration of the notice period, the date of judgment, or the date the writ is posted, depending on the circumstances. The UD complaint should specifically pray for holdover damages and the court will make findings on the accrual date.
CCP §1174(a) — Writ of Possession
CCP §1174(a) authorizes the court, upon entering judgment for the landlord, to issue a writ of possession directing the county sheriff or marshal to restore the landlord to possession. The writ of possession is the legal instrument that drives the physical lockout.
Writ of Possession Procedure
- After judgment, landlord requests a writ of possession from the court clerk
- Court clerk issues the writ (typically within 1–5 business days)
- Landlord delivers writ to the County Sheriff or Marshal with filing fee
- Sheriff posts a 5-day notice on the premises
- After 5 days, Sheriff returns to execute the lockout (change locks, remove occupants)
- Sheriff completes a return of service noting execution date
What Is Included in a CCP §1174 Judgment?
A judgment entered under CCP §1174 in a commercial UD action may include:
- Restitution of possession — the primary remedy; the right to get the property back
- Past-due rent — all unpaid rent through the date of judgment
- Holdover damages — double daily rent under CCP §1174(b)
- Court costs — filing fees, service fees, writ fees
- Attorney's fees — if the lease contains a prevailing party fee clause
- Forfeiture of the lease — terminating the tenant's leasehold interest
The judgment does not automatically include future rent for the remaining lease term — that requires a separate Civil Code §1951.2 damages claim. See our Civil Code §1951.2 guide for the full lease damages formula.
Enforcement of the Money Judgment
The money portion of a UD judgment (past rent, holdover damages, fees) is enforceable as a standard civil money judgment under CCP §683.020 — valid for 10 years and renewable. Landlords can enforce via bank account levies, keeper levies on business operations, wage garnishment of individual guarantors, and recording an abstract of judgment as a lien against the tenant's real property.
Holdover Damage Calculator
Estimate holdover damages under CCP §1174(b). For full statutory exposure including future rent, use the complete estimator on the homepage.