Legal Question in Landlord & Tenant Law in California

Tenant not paying rent and wanting reduced and free rent

I have a commercial office with a tenant that has historically been late on payment. Their 1year contract requires a 90 day notice to term and the lease is up in a month. They have not issed a term but they have asked for 3 months free rent AND a substantially reduced rent thereafter with the additional caveat that they can go month to month and term at any time becuase their business is down. They are fussy tenants (had to mediate many times for disputes with multiple neighbors as things got ugly). The rent is currently below market so going any lower is not prudent when weighing the cost/benefit of dealing with their antics. If the tenants decide to stop paying rent, could I terminate the contract immediately for breach (breach clause is silent on correction action plan) and require them to move their possessions? If they do not remove their possesions, can I then change the locks? They are not professional in how they conduct themselves with neighbors (naughty words communicated to the next door office) which caused neighbor to say their lawyer would be contacting us. I had to reason her out of pursuing this.


Asked on 5/07/09, 7:03 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Tenant not paying rent and wanting reduced and free rent

Why do you not just tell them because of their late payments, problems they cause, and theri demand as to the terms of a renewed lease, yo will not agree to a new lease when the old one ends. You are not terminating the existing lease, just not renewing it. If they do not move, you will have to file suit to get them removed as trespassers. Do not change the locks before you have an order allowing the sheriff to remove them. You have to give them a reasonble period of time to remove their possessions.

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Answered on 5/08/09, 1:56 am


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