Until the tenant has relinquished possession of the rental unit to you, you can leave the unlawful detainer action open. You can enter into a written stipulation with the tenant to move out on a certain date, and then the unlawful detainer will be dismissed.
Here is the stipulation form: http://www.courts.ca.gov/documents/ud115.pdf
Answered on Oct 10th, 2015 at 9:36 PM