Legal Question in Landlord & Tenant Law in California
unlawful detainer plus small claims
Can I use Unlawful detainer procedures to evict a tenant and also small claims Court to collect back rent?
Asked on 5/10/06, 4:07 pm
2 Answers from Attorneys
Carl Starrett
Law Offices of Carl H. Starrett II
Re: unlawful detainer plus small claims
Although the primary purpose of an unlawful detainer lawsuit is to evict the teant, you can also get a judgment for the rent that is past due up through the date of the entry of judgment. If you want to collect any rent that might have come due after the date of the entry of judgment, then you can go to small claims later.
Answered on 5/10/06, 4:13 pm
Robert F. Cohen
Law Office of Robert F. Cohen
Re: unlawful detainer plus small claims
Since an unlawful detainer lawsuit is a summary proceeding entitled to priority, you might as well get the judgment for possession and money at the same time.
Answered on 5/10/06, 5:46 pm
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