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HomeCivil CodeDiv. 4Pt. 1Ch. 2Art. 2§ 3335 Holding Over Damages

§ 3335 Holding Over Damages

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3335 Holding Over Damages

Key Takeaways

  • •If someone is supposed to take care of property for a kid or because of a life estate (like living in a house until someone dies), they can't just stay there after their job is done.
  • •If they stay without permission, they have to pay back the money they made from the property while they were there.
  • •This is about being fair to the real owner who should get the property back when the time is up.

Example

Grandma lets her friend live in her house until she dies. After Grandma passes away, the friend stays in the house for another year, renting out rooms to make money, even though the house now belongs to Grandma’s kids.

The friend has to pay Grandma’s kids all the money he made from renting out the rooms for that extra year because he wasn’t supposed to stay or make money from the house after Grandma died.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3335 Holding Over Damages

For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over. (Enacted 1872.)

Last verified: January 21, 2026

Key Terms

willfully holding overreal propertytermination of the trustmeasure of damagesvalue of the profits

Related Statutes

  • § 1107 Property Grant Conclusiveness
  • § 1115 Heir Liability For Title Covenants
  • § 3333 Non-Contractual Damages Measure
  • § 3334 Wrongful Property Occupation Damages
  • § 713 Property Sale Sign Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 3335.
View Official Source