A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from liability pursuant to Section 1951.2 of the Civil Code.
§ 1174.5.Lessee Not Relieved From Liability Upon Judgment Declaring Forfeiture of Lease Or Agreement
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 1982 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1174.5 makes clear that a judgment declaring a lease forfeited in an unlawful detainer case doesn't excuse the tenant from separate liability for lease-breach damages under Civil Code § 1951.2.
Full Text of § 1174.5
Plain-English Summary
Forfeiture under § 1174 ends the tenant's right to occupy the property, but this section keeps a door open behind it. A judgment declaring the forfeiture of the lease or rental agreement doesn't relieve the tenant of the liability Civil Code § 1951.2 imposes for breaching the lease.
In practice, that means losing the unit through forfeiture isn't necessarily the end of the tenant's financial exposure. The landlord can still pursue damages tied to the broken lease under Civil Code § 1951.2 separately from the eviction judgment itself.
Frequently Asked Questions
If my lease is declared forfeited in an eviction case, am I off the hook for the rest of the lease term?
Not necessarily. Section 1174.5 preserves the landlord's ability to pursue lease-breach damages under Civil Code § 1951.2 even after forfeiture.
What law lets my landlord sue me for damages after a lease forfeiture?
Civil Code § 1951.2, which this section says a forfeiture judgment doesn't displace.
Amendment History
Added by Stats. 1982, Ch. 488, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: lease forfeiture liability californialandlord damages after lease forfeiture california