Legal Question in Real Estate Law in California

Commercial Eviction

I was served with a eviction notice by the owner of the building space that I rent. I am being given no reason for eviction. I'm only getting 30 days to evacuate from premises. I have a retail store the building size is approx. 1700 sq ft. I also have a signed a one year lease rental of said property. Can they do this? What legal rights do I have? I have also been at this property for over eight years. Don't they have to disclose why they are doing this?


Asked on 3/15/06, 2:23 pm

4 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Commercial Eviction

The landlord may be serving you with a notice of termination of the lease. Does the lease term expire when the 30 days lapses? You call it an eviction notice. What is the title of the document?

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Answered on 3/16/06, 5:55 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Commercial Eviction

When is the lease set to expire? Unless you are not paying rent or have breached some covenant in the lease, you cannot be evicted until the lease term expires.

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Answered on 3/15/06, 2:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Commercial Eviction

I agree with Mr. Koenen; I would add that Step One would logically seem to pick up the phone and call the owner or its agent and request an explanation.

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Answered on 3/15/06, 3:26 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Commercial Eviction

Additionally, usually with commercial leases, the lease is for a long period of time, just so the landlord can't capriciously issue a 30-day notice and impact your business. Check your lease and see if it's still operative (if it hasn't expired yet). In the future, you might also negotiate a lease with an option to renew within, say 60-90 days before its expiration to protect you and your business.

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Answered on 3/15/06, 3:38 pm


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