Legal Question in Landlord & Tenant Law in California

My husband is in the auto business and rents a body shop in Gardena, Ca. He shares a building with the landlord. His lease is renewed every 6 months and he has been renting for a little less than 2 years now. The rent started off at $2250 then went to $2450 then to $2650 and now it is currently $2850 and the landlord let us know that he is planning on going higher. My husband has invested over $8,000 into this shop because it was in a very bad condition, looking like a dump when he first moved in. Is it fair for him to keep increasing it? Or even legal?

Let me also add that the tenant has reduced the amount of space we get outside the building. Since our business is auto paint and we have a waiting list, it is crucial for us to have somewhere to park the cars that are waiting to be worked on. The landlord also refuses to take checks as our rent payment.. only cash handed to him. I think he just wants to claim that he is paying the whole building by himself on his taxes. I need some help!!!


Asked on 4/01/10, 7:39 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

You should first try to negotiate a longer term lease. Six months for a commercial lease is not ordinary, though it's not unheard of. To increase your bargaining power, you might look into another property and shop for better rents (and a more reasonable LL).

As far as taking cash only, the existing lease you have should spell out the method of payment. Since you're in a commercial lease, you are at a bit of a loss to bargain the method of payment than if this were a residential lease. Additionally, if you are within a six month period during which the lease is in effect, and there is no method of payment spelled out in the lease, offer the LL a check and tell him you are done paying cash. He cannot evict you if the lease term has not expired and you continue to offer to pay your rent by check. However, if he tries to evict you, contact an attorney immediately, as in the very same day you are served any kind of papers. Good luck.

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Answered on 4/07/10, 8:25 am


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