Legal Question in Real Estate Law in California

We have a piece of commerical property that has been leased to a deli for over 10 years. There are two partners. They do not get along and only one is working at this time. They owe the state a lot over 50K in taxes. Their lease is up. One owner wants to find a buyer but I am not sure we should wait for them to sell. If we evict them does the state have the right to the equipment left in the restaurant? Or, do they have to pay the state with the money that they might receive from a buyer? They are late with rent every single month. This is a very busy and popular deli.


Asked on 5/02/14, 9:01 am

1 Answer from Attorneys

The answer to your question depends on facts you don't provide, and my not yet know. The first question would be the terms of your lease. Commercial leases usually are/should be very specific on what becomes part of the premises and what is fixtures that the tenant may remove. The second issue is what if any proceedings the State has taken on their taxes. Whether or not there is a tax lien or not will be a key issue.

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Answered on 5/02/14, 10:19 am


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