Is One of Your Tenants Violating the Terms of Their Lease?
If you’re a commercial property manager in Los Angeles and one of your tenants is violating the terms of their lease agreement, it may be time to consider eviction. Eviction proceedings allow you to regain control of your property and remove commercial tenants for violations like failure to pay rent or vacate after lease expiration.
Here’s everything you need to know about commercial evictions in Los Angeles from our evictions lawyers for your business.
Understanding Commercial Evictions
Commercial evictions refer to the removal of a tenant from a non-residential property. Some common examples include:
- Office buildings
- Warehouse
- Retail spaces
Evicting a commercial tenant is simpler and faster than evicting a residential tenant due to the many protections Los Angeles and the state of California law provide to residential tenants. Rent control ordinances and provisions like “just cause” requirements for eviction can limit your ability to evict a residential tenant.
Commercial tenant evictions, on the other hand, are largely governed by the principles of contract law. Essentially, if your commercial tenant has violated their lease agreement in some significant way or said agreement has expired and they refuse to vacate the premises, you’ll likely be able to evict them.
However, it’s crucial that you comply with the required legal steps to ensure a lawful eviction process and protect yourself from liability. An experienced commercial eviction attorney in Los Angeles can help you navigate the eviction procedure and protect your property rights.
Before you consult an attorney, it’s a good idea to familiarize yourself with the violations that might warrant a commercial eviction to confirm that you’re legally entitled to begin the eviction process.
CONTACT USGrounds for Commercial Eviction in Los Angeles
A quick look at your contact’s terms and expiration date will usually reveal whether you can begin the eviction process. Here are some common contractual reasons for evicting a commercial tenant in Los Angeles:
- Non-Payment of Rent: Failure to pay rent on time is a common reason for evictions; however, it’s vital to review the payment deadline and grace period
- Lease Violations: Breaching lease terms and conditions, such as subletting without permission, can justify eviction
- Nuisance or Illegal Activities: Tenants who engage in activities that disrupt other businesses or violate the law may be subject to eviction
- End of Lease Term: If a tenant’s lease expires and they haven’t vacated the property, the landlord may seek eviction
As a commercial landlord, it’s up to you to create a comprehensive and legally binding contract that protects your property from misuse. A commercial lease agreement needs to outline the expiration date, rent payment deadlines, late payment grace periods, and prohibited behaviors that will result in early termination.
It’s wise to have a contract law attorney or commercial eviction lawyer review your contract to confirm that it adequately protects your rights. Taking a proactive approach with your lease agreements can help minimize the risk of drawn-out legal disputes during the eviction process.
The Commercial Real Estate Eviction Process in Los Angeles
The eviction process in Los Angeles follows a series of clearly defined steps. Adhering to each step will ensure compliance with California law and expedite the removal. Here’s what you’ll need to do to regain possession of your commercial property:
Serving the Eviction Notice
There are several different types of tenant notices in California. The most commonly used for commercial evictions is called a Notice to Quit. There’s also a Notice to Pay or Quit, which means the tenant must pay their past-due rent or vacate the property.
Typically, you’ll issue a 3-Day Notice to Quit to begin a commercial eviction in Los Angeles. If you’d prefer to collect rent from a tenant and allow them to continue their lease, you can issue a 3-Day Notice to Pay or Quit. If the tenant refuses to pay within the three-day window, they’re legally obligated to vacate the property.
While month-to-month agreements are rare in commercial leases, they are used occasionally. If you have a month-to-month tenant and want to end the tenancy, you’ll need to issue a 30-Day.
You should only issue this type of notice if you don’t want to continue a month-to-month agreement. You wouldn’t issue a 30-Day if a lease agreement has expired or the renter is violating one or more contract conditions.
Regardless of what notice you issue, it’s important to include specific information about your real estate litigation, including:
- The tenant’s name
- The property address
- Details of the lease violation (e.g., non-payment)
- Required actions to avoid eviction (if applicable)
You must provide the notice in writing and serve it either in person or by mail. If you serve a Notice to Quit, make sure you don’t accept any rent money from the tenant. Doing so could be viewed as an agreement to nullify the notice and continue the lease.
The countdown on the timeframe established by your notice begins on the first non-holiday weekday after it was issued. Weekends and holidays don’t count toward the three-day window. If the tenant fails to vacate your property after the notice window closes, you’ll need to file a lawsuit.
Filing an Eviction Lawsuit with a Lawyer
An experienced Los Angeles commercial eviction lawyer from CA Property Law Group can help you file an unlawful detainer lawsuit if a tenant fails to vacate or files for lease disputes. This legal action formally requests the court’s assistance in reclaiming your property. The process includes:
- Filing the complaint with the appropriate LA court
- Serving the summons and complaint to the tenant
- Awaiting the tenant’s response
- Attending the court hearing
If the court rules in your favor, the judge will issue a judgment. From there, you may apply for a Writ of Possession, which allows the county sheriff (or their deputy) to remove the commercial tenant if they refuse to vacate voluntarily.
How an Eviction Attorney Can Assist With Commercial Evictions
The attorneys at CA Property Law Group have the experience and knowledge needed to guide you through the commercial real estate eviction process in Los Angeles.
We’ll fight to protect your interests and reclaim your property as quickly as possible by handling tasks like serving an appropriate notice and filing a lawsuit if needed. By securing our reliable legal services, you can improve your chances of resolving the situation with minimal time, expense, or stress.
