Commercial evictions are not much different from residential evictions. Landlords are still required to follow all the procedures set forth by the Code of Civil Procedure that residential landlords must adhere to. One common distinction between commercial and residential evictions is that commercial leases often include unique agreements that can alter eviction proceedings, such as requiring alternate dispute resolution (ADR) before filing an unlawful detainer lawsuit. Another distinction is that commercial lease agreements routinely modify the notice requirements in case of tenant default on rent or any other covenant (e.g., requiring a 15-day notice instead of a 3-day notice for rent defaults). Therefore, it is crucial for landlords to carefully review the lease agreement before initiating eviction proceedings. Failure to comply with any clauses mentioned could necessitate restarting the entire lawsuit.
Non-payment of rent is the most common reason for filing an unlawful detainer lawsuit. In every city in California, regardless of rent control laws, landlords can seek possession of the property if the tenant defaults on rent payment. The process typically begins with a notice to the tenant (3-day, 15-day, or 30-day) to pay. The notice must be meticulously drafted to meet both state and local rent control law requirements. For instance, in properties located in Los Angeles, rent notices must specify the number of bedrooms, designate a natural person for payment, and, for a 3-day notice, exclude Saturdays, Sundays, and judicial holidays from the notice period.
Nuisance is one of the most common grounds for initiating an unlawful detainer action. Nuisance evictions are highly fact-intensive cases for landlords. The outcome depends significantly on the evidence and witnesses available. Instances of nuisance include actions like property destruction, waste, or illegal activities by the tenant.
Nearly every landlord-tenant relationship is governed by a lease agreement. Common breaches include unauthorized alterations, occupancy, subletting, or failure to maintain cleanliness and sanitation. Significant breaches may provide grounds for filing an unlawful detainer action.
Foreclosure evictions are necessary when the previous owner or their relative refuses to vacate the property after it has been sold to a new owner. Despite no landlord-tenant relationship, the new homeowner must file an unlawful detainer to regain possession. It is crucial to consider lease agreements if the previous owner had tenants, as sometimes fake leases can prolong the eviction process.
Owner-move-in eviction is a no-fault eviction available in many rent-controlled cities. It allows the property owner, their family members, or children to replace the current tenant, provided all required steps by the city or state are followed. The process may involve filing a declaration with the local city government and serving a termination notice (usually 60 days, but longer notices may be required).
Sometimes, a property seller refuses to vacate after selling the property. Although rare, this situation requires filing an unlawful detainer action to regain possession.
Landlords have the right to access rental units for repairs, showing to prospective buyers, or inspections. If a tenant denies access despite reasonable efforts, documenting each encounter is crucial. Continued refusal may provide grounds for eviction.
Substantial renovation evictions are available in limited jurisdictions, often requiring permits and necessitating that tenants vacate during the renovation period (usually one month or longer). Cosmetic renovations do not typically qualify as substantial. Contact our office for more information on this type of eviction.
Voluntary vacate agreements, or “cash-for-keys,” occur when both parties agree to end the tenancy. The tenant agrees to vacate at a specific time in exchange for payment from the landlord. In Los Angeles, such agreements cannot force a tenant to vacate if they refuse after signing. Outside Los Angeles, these agreements generally provide legitimate grounds for eviction if the tenant fails to vacate as agreed, though an unlawful detainer action may still be required. It is advisable to make payments only after the tenant vacates whenever possible.
