Q: Filed for Unlawful Detainer, Rent will be due again before case goes to court. VRLTA lease.
Tenant failed to pay rent due 1 June. On several occasions he texted he'd be by to pay rent, but never showed. 5 Day Pay or Quit served 6/17, filed for Unlawful Detainer 6/22. Case won't go to court until July 12 - rent is due again July 1. If I don't receive July's rent either, can it (and late fees) be added to my judgment when we go to court July 12? Or will I have to file again? I own only a single rental home, but I used a VRLTA lease. Thanks.
A: The answer depends on how you stated your claim for unpaid rent on the existing Unlawful Detainer (UD). If you claimed: Rent of $____ through DOJ - which means Date of Judgment, then you are covered for July. If you only claimed unpaid rent for June, you are held to just that month for this UD. You will have to either amend your UD by filing a Motion to Amend or file a follow up 5 day notice and an new UD for the July unpaid rent.
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