Legal Question in Landlord & Tenant Law in California

Is Tenant responsible for remainder of lease if he is getting evicted?

We own commercial property and are in the process of filling out paperwork to evict a tenant who owes back due rent and late fees that have accrued. The lease is through the year 2011. Can we also charge them for rent through the remainder of the lease, or do we just charge him for past due amounts?


Asked on 12/02/04, 3:45 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Is Tenant responsible for remainder of lease if he is getting evicted?

Your 3 day notice and only include rent to date. Sometimes, CAM charges are defined in the lease as well as late charges as rent. These can be listed separately in the 3 day. After the eviction is finsihed, a lawsuit has to be filed for the unexpired portion of the lease. Your lease may contain a formula for this. Call our office for any questions. 714 363 0220

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Answered on 12/02/04, 4:07 pm


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