Can i sell my home during Eviction the Unlawful Detainer process?

You are not prohibited from selling a home while also pursuing an unlawful detainer. However, you come up against a few issues. You have a risk that if the marketing process is not carefully performed, the tenant may allege breach of the covenant of quiet enjoyment. Showings may be difficult to arrange. Buyers and realtors may not want to view a home in that process, or they may want to adjust their offers down accordingly. There will be issues to negotiate as to how and when the unlawful detainer proceeding will be completed. There may also be issues to evaluate as to whether it is desirable to complete the unlawful detainer first. For instance, if a short sale is anticipated, lenders treat owner occupied homes very differently than rental homes. You should probably consult with legal and real estate professionals before proceeding. Fred Hayes Attorney and Broker

Yes, you can put the house in the market while you are pursuing the unlawful detainer lawsuit. But keep in mind that the Protecting Tenants at Foreclosure Act of 2009 (PTFA), part of the Helping Families Save Their Homes Act of 2009 (Public Law 111-22, approved May 20, 2009), requires that tenants residing in foreclosed residential properties be provided notice to vacate at least 90 days in advance of the date by which the immediate successor, generally, the purchaser, seeks to have the tenants vacate the property. Except where the purchaser will occupy the property as the purchaser's primary residence, the terms of any bona fide lease also remain in effect. You can cut short the 90 days by offering cash for keys to get the tenant to move out earlier.