Legal Question in Landlord & Tenant Law in California

Commercial lease question

I entered into a 1 year commercial lease in 2003 (officially ended in 2004) as a tenant in an office building with the owner who passed away 3 years ago. I placed a banner with my services on the exterior of my office in 2004 but just 2 weeks ago the landlord's surviving spouse said that she drove by my office recently and had her property manager call us to tell us that she had just noticed the banner and now tells us to remove it. The banner has been on my bannister since 2004 without any complaints from the landlord or his spouse. She sent her son to my office with a copy of the lease today and it reads that we need the landlord's approval of the banner. My question is since the lease expired in 2004 am I still obligated to its terms regarding the banner. She continues to receive my rent and my question is what my rights are in regards to my banner which brings me money to pay the rent. How can she now complain after it had been up for 4 years. Does the 1 year lease expiration date control? What are my rights?


Asked on 7/22/08, 2:29 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Commercial lease question

Normally, since the lease expired, the month to month rental is still controlled by the original lease.

It is probably best to negotiate with your new landlady, even though you might win in court.

You might be right about the banner, but she can evict you after filing a 30 day notice.

Otherwise, you can retain an attorney to fight for you. Maybe the best thing at this point is to retain an attorney, if for no other reason than writing her a strong letter.

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Answered on 7/22/08, 11:13 am


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