Does a landlord have a right to withhold execution of a judgment for depriving a tenant of possession?

California, United States of America


The following excerpt is from Munoz v. Macmillan, G043402, Super. Ct. No. 30-2009-00122672 (Cal. App. 2011):

damage resulting from this deprival of possession, in the event of a reversal of the judgment. Until the landlord does so enforce the judgment, he does not actually disturb the possession and beneficial enjoyment, and the case in this respect is just as it was before entry of judgment. The landlord is not compelled to carry the judgment into execution simply because it has been given and entered. He may well decide to withhold execution until the final determination of his action until it has been finally determined that the tenant has forfeited his term and that he may treat the term as forfeited and safely enforce his judgment." (Black v. Knight (1917) 176 Cal. 722, 727 (Black))

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