Legal Question in Landlord & Tenant Law in California
Commercial tenant being evicted
Our sublease expired on 6-30-08. We are still in the office but received the 3-day notice to pay or quit from landlord. Do they have to file an unlawful detainer action to evict us or can they lock us out now? We only want to stay until 7-15-08 to allow time to vacate. What can we expect? Any info would be greatly appreciated. Thank you so much.
2 Answers from Attorneys
Re: Commercial tenant being evicted
You can expect an unlawful detainer to be filed against you. You can expect the fact of filing to appear on your credit report. You can expect it to be very difficult for the next 7 years for you to be able to enter into another lease agreement.
You can expect the Unlawful Detainer process to take more than one week. So you probably will not be locked out before the 15th.
You should hire an attorney to appear at the Unlawful Detainer trial to tell the judge you already moved out so an Unlawful Detainer Judgment will not appear on your credit report.
Re: Commercial tenant being evicted
You are welcome and polite questioners like you are few and far between.
They have to file an unlawful detainer, and it takers several weeks for a court date. You certainly have until 7/15.
I would negotiate with landlord, since they/he/she are entitled to 50% of a month's rent.
Unlawful detainers don't appear on your credit history until you lose in court.
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