California CCP §1174 — Holdover Damages & Writ of Possession

The statute authorizing courts to award double rent for unlawful holdover, issue writs of possession, and grant full judgment in commercial unlawful detainer actions.

2× Daily Rent DamagesWrit of PossessionSheriff LockoutUD Judgment
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CCP §1174 — At a Glance

Holdover Multiplier
Daily rental value × 2
5
Day Sheriff Notice
Posted before lockout
Per Day
Damage Accrual
Each day of unlawful holdover
+Atty
Fees if Lease Allows
Prevailing party clause
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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 Rental Value = Monthly Rent ÷ 30

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

  1. After judgment, landlord requests a writ of possession from the court clerk
  2. Court clerk issues the writ (typically within 1–5 business days)
  3. Landlord delivers writ to the County Sheriff or Marshal with filing fee
  4. Sheriff posts a 5-day notice on the premises
  5. After 5 days, Sheriff returns to execute the lockout (change locks, remove occupants)
  6. 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.

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Estimate holdover damages under CCP §1174(b). For full statutory exposure including future rent, use the complete estimator on the homepage.

CCP §1174 — Frequently Asked Questions

Holdover damages under CCP §1174(b) are not automatic — the landlord must specifically pray for them in the UD complaint and present evidence of the tenant's continued occupancy after the notice or judgment. The court has discretion to award them; they are not mandatory. Make sure your UD complaint explicitly includes a prayer for holdover damages with a calculated daily rate.
Yes, but they cover different periods. CCP §1174(b) holdover damages cover the period of actual continued unlawful occupancy after the legal right to possession ended. Civil Code §1951.2 damages cover the future period of the lease after the tenant vacates — the economic loss from having an empty property that should be generating rent. A landlord can recover both, covering overlapping timelines through different theories.
If the tenant vacates before the Sheriff executes the lockout, the landlord still has a valid money judgment for past-due rent, holdover damages that accrued during the period of unlawful occupancy, and attorney's fees. The writ of possession becomes moot, but the money judgment remains fully enforceable for 10 years. The landlord should immediately document the date of vacancy (photographs, locksmith records) as this affects the holdover damages calculation.
⚡ Holdover Formula

CCP §1174(b) quick calculation:

Step 1: Monthly Rent ÷ 30 = Daily Rate
Step 2: Daily Rate × 2 = Holdover Rate
Step 3: Holdover Rate × # of Days = Total Damages
Courts may award this per day from the date possession was legally due until the date the tenant actually vacates.
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