Legal Question in Business Law in California

Re: Lease Law

Your obligation may depend on what the 5 day notice states. Some landlords will declare a forfeiture of the lease as part of the 5 day notice.

If this was the case you still will be responsible for unpaid rent until the landlord recovers possession. The landlord also has a duty to mitigate damages. Whether the lease permits subletting or assignment can affect the outcome.

The equipment and furniture will depend on several factors including the lease provisions, the type of equipment, whether it is permanently attached.

Have an attorney review your lease agreement to address these specific issues.

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Re: Lease Law

If this is a commercial lease, your right to sublet or assign the unexpired term of your lease is governed by statute, and you do indeed have a qualified right.

Whether this or any other notice given you bears the caption "EVICTION NOTICE" or not, you have to realize that a notice to pay rent or quit is part of the eviction process. If you don't pay or quit in five days, the next paper you get will probably be a summons and complaint for Unlawful Detainer. After that, the sheriff.

The right of a commercial tenant to remove trade fixtures is pretty strong; many kinds can be removed so long as they are not permanently affixed and can be removed without serious damage to the building. However, you MUST remove them before your right to occupy the premises expires. If you try to come back after the sheriff carries out the eviction, you will have zero right to enter the building or remove any fixtures.