A Hard-Fought Win: Recovering $135,000 in Back Rent on a Short-Term Rental Property
Few things are more frustrating for a property owner than a tenant who stops paying rent and does not return possession. It is even harder to stomach when that tenant is not really living in your property at all, but rather using it as a short-term vacation rental business. While the landlord loses money each day, the tenant profits.
That is the situation our client faced. And after a full day of contested trial, we are proud to share that we won.
The Situation
Our client, a San Diego property owner, had leased a Del Cerro home — including a main house and a detached unit — to a business that operated it as a short-term vacation rental, the Airbnb-style hosting that has become so common across the county. Over time, the payments simply stopped. By the time we reached trial, the unpaid rent had climbed to roughly $135,000, stretching back well over a year.
The other side did not go quietly. Represented by their own attorney, they contested the case all day and raised a stack of legal defenses, fighting on every front. This was not a default or a quick hearing. It was a genuine, all-day battle.
Why It Was a Real Fight
What made this case demanding was not just the dollars. The other side raised the range of defenses that often surface in a contested eviction, and each one had to be met head on. A few of the broader themes:
Residential or commercial? A recurring question in cases like this is how the lease should be treated under California law. Leases for a business use and leases for someone's home are governed by different rules, and which set applies can shape the whole case, including the defenses a tenant is allowed to raise. Sorting that out was central to the trial.
The defenses a tenant can and cannot raise. Tenants in hard-fought cases often stack up several defenses to avoid or delay an eviction. A big part of our job was showing the court, issue by issue, which defenses actually fit the facts and the law and which did not.
Keeping the trial focused. An unlawful detainer case — the legal name for an eviction — is meant to be a streamlined proceeding about one core question: who has the right to possession. We worked to keep the case on that question and out of the weeds.
Preparation wins trials. A result like this comes down to groundwork: lining up the documents, the testimony, and the record in advance so the case is decided on clean, complete evidence rather than on surprises.
The Result
After a long day in court, the result came back in our client's favor: possession of the property returned to the owner, plus a judgment for roughly $135,000 in unpaid rent. After more than a year of nonpayment and a hard day of trial, that is a result worth celebrating.
What San Diego Property Owners Can Take From This
- How your property is used matters. A lease to a business running short-term rentals can be treated very differently from a standard home rental, and that difference can decide which defenses a tenant is even allowed to raise.
- Get the lease right from the start. Clear terms about use, repairs, and rent give you a far stronger footing if things go sideways later.
- Document everything. Written admissions, payment records, and a clean paper trail did a lot of the heavy lifting here.
- Do not be discouraged when a tenant lawyers up. A contested defense is not the same thing as a winning one.
We Are Here to Help
We know how stressful it is when a tenant stops paying and refuses to leave. You do not have to navigate it alone. If you are facing a difficult tenant, an unpaid-rent problem, or a short-term rental arrangement that has gone wrong, we would be glad to look at your situation and help you find the best path forward. Schedule a free consultation with our team today.
Landlord Solutions San Diego — 402 W. Broadway, Ste. 1140, San Diego, CA 92101 — (619) 259-0720
Every case is unique and turns on its own facts. Past results do not guarantee a similar outcome. This post is general information, not legal advice.
