Legal Question in Landlord & Tenant Law in California

You need to consult with a bankruptcy attorney. Unless you have the money to hire an attorney, or alternatively the time and knowledge to defend the lawsuit yourself, you are going to wind up with a judgment in favor your landlord, and he will attach wages, garnish bank accounts, and in general be very difficult while attempting to collect the debt. Additionally, if you signed the commercial lease, there isn't much in the way of defenses to that lawsuit that you can present. Give me a call or email me off this forum, and I can go over your bankruptcy and non-bankruptcy options.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

.It is unfortunate that you find yourself in this situation which many others are also facing. You should consult a bankruptcy attorney that also handles business matters so they can provide you some options. DO NOT GO TO ONE OF THOSE PARALEGAL THAT "JUST FILLS OUT THE FORMS. They will cause you more grief and trouble, go to an attorney.

In your situation first your landlord has to make reasonable efforts to re-lease your space. Are they doing that? The law requires that they try to reduce their losses or they cannot get the balance of the for the remaining term.

Next if you are out of work and have no assets what does your LL hope to get? This is a practical analysis that they need to make because even though they can get a judgment they still have to collect it and then you can file bankruptcy and possibly wipe out their judgment anyhow.

You need to find some money from somewhere to talk to an attorney who can analyze your situation make some recommendations and maybe negotiate with your LL.

The worst thing you can do is ignore this or handle it by yourself. It will not resolve itself. Go see someone now maybe even Mr. Gibbs although I make not warrantees about his abilities or competence. Make sure whomever you deal with is insured and licensed by the State Bar of California. If they are a certified bankruptcy expert even better.

Hope this helps and good luck to you.