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I have a holdover tenant who has not paid rent for June or July. I want to evict her, however, I also want to get back rent.

San Diego, CA |

Do I need to file an unlawful detainer action to evict and a small claims to recover back rent, or can I recover back rent in the UD. She was served with a 3-Day Notice to Pay in June.

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Attorney answers 3


You can actually recover past due rent and rent which becomes due through the date of the trial of the eviction action.


It all gets handled in the UD case.


I agree with the previous answers but would add a word of caution when handling UD's yourself. The system favors the tenant and any mistake on your part will delay the process. In addition, if the tenant moves out prior to the trial date, the case will either be dismissed or transferred to small claims or regular civil.

Good luck

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.