Legal Question in Real Estate Law in California

we bought a commercial building in CALIMESA CALIFORNIA with 6 suites and ABC units (three ) of them were already lease to a cross fit business, the tenant has a partner who is not on the lease and he has become a problem, he claims the give the previous owner 4000 us deposit , but the lease just mention 500 , and he claims it was towards improvements to the building. The lease is up for renewal and he does not want to place a 100% deposit. He also decided without

authorization to place a sign in one of the Units that is vacant (this unit faces the freeway) he went ahead and place his sign and make holes in the windows on the vacant unit , maybe damaging the frames of the windows , and he does not want to take it down , he even sent an email requesting an amendment to the contract that allows him to leave the sign there, on top of that he has take down a division wall between Unit C and D (tenant of Unit D is his friend) ,and it is a printing business ,, they open the wall to give more space to the CROSS FIT business that leases UNIT ABC, this guy is not in the lease, the real tenant does not even answer our correspondence and this guy is just taking decisions on his own, and we have been very patient but we are not anymore in the position to tolerate this situation ,, not deposit was to be paid, their sign is placed in a vacant unit that does not belong to them and he has already destroy the wall between two units , what is the legal way to proceed here. And of course he pays the rent most of the time late , he always have an excuse. Also he does not like the toilets anymore in the units (they are working and not problems) but he wants them to be update,, he has sent and email and said he will do it and discount from the monthly lease payment. What to do in this case , we do not want an empty building but this situation has becoming too much to tolerate.


Asked on 4/04/16, 10:21 am

1 Answer from Attorneys

Well your problem is not a legal one. It is stated in the last line of your question: we do not want an empty building. The only option the law gives you is to refuse to renew the lease and then evict the business if they do not vacate and sue for damages, or negotiate a new deal with the problem person and then enter into a new lease and enforce it. The law does not give you any other options, except you probably have a separate right to remove the sign and sue him in small claims court for any repairs needed.

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Answered on 4/04/16, 3:14 pm


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