How to Evict a Commercial Tenant in California
Commercial landlords in California have the right to evict a tenant for non-payment of rent or for using the property for a purpose barred by the lease agreement (see References 1). As with residential evictions, commercial landlords must give notice of their intent to evict the tenant. Unlike residential evictions, commercial tenants in California may be evicted after only a three day notice, as opposed to a 30 day notice (see References 1). It's important to follow the proper procedures to ensure a timely eviction process.
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Instructions
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1
Draft a notice that you intend to evict the commercial tenant. Include the reason for the notice, such as non-payment of rent or unlawful use of property, and state how long the tenant has to correct the situation. Before you can legally evict a tenant in California, you must give them a chance to correct the defect. Most notices allow for three days. Serve the notice on the commercial tenant.
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Wait to see if the tenant complies. The time to comply begins when the tenant receives the notice, not when the notice is sent. If the tenant does not comply, continue with the next steps.
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3
Fill out a summons and complaint for "unlawful detainer." A summons is a formal notice to the defendant (the tenant) that a lawsuit has been filed against them and that they must respond. The complaint sets forth the facts of the case, including the names of the parties and the underlying issues, such as non-payment of rent. Pre-made forms are available. See the resources below.
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File the completed forms in a California Superior Court in the county where the property is located. Send or hand-deliver the forms to the tenant. Note that you will have to pay a filing fee associated with this action. For a list of the current filing fees in California, see the Resources section.
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Comply with the court orders and instructions. Once you serve the defendant by mailing the forms or hand-delivering them and file your papers with the court, your eviction action will commence. You must comply with the court and show up for the hearings to argue your case for eviction. The tenant will also have a chance to defend the claims. At the end of the proceedings, the judge will make a determination. If you prevail, the tenant will be ordered to vacate.
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Tips & Warnings
Be advised: the law often changes and is filled with potential pitfalls for those seeking to handle their own legal problems. This article is not intended to provide you with legal advice. You are strongly encouraged to seek the assistance of an attorney in your area.
References
Resources
- Photo Credit taking notice image by Radu Razvan from Fotolia.com
