Legal Question in Real Estate Law in California

Commercial rental agreement

I want to know if they can terminate my lease just because with no reason.


Asked on 12/02/08, 6:36 pm

4 Answers from Attorneys

Richard Pinette Law Office of Richard Pinette, APLC

Re: Commercial rental agreement

Whether your landlord can terminate your lease is based on the terms of the lease. Generally, a landlord can terminate your lease for breach (e.g. non payment of rent or breach of other covenant such as failure to maintain the parking area or an authorized assignment).

A lease may also be terminated at the end of the term. You need to review the lease terms as that will govern the grounds the lease may or may not be terminated by either party. If you do not understand the lease provisions speak with an attorney experienced with commercial leases. They are typically complex documents to understand.

NOTICE: No attorney-client or confidential relationship is created through this communication. The information provided is of a general nature only and does not constitute legal advice or a legal opinion and requires that the poster obtain legal advice from an attorney to protect his or her rights.

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Answered on 12/02/08, 6:58 pm
David Gibbs The Gibbs Law Firm, APC

Re: Commercial rental agreement

The answer to your question is "it depends." It depends on whether you have a lease or not, and if you do, is it a term lease, or a month-to-month lease. Go back and read whatever lease you have, and it should tell you if your landlord can terminate your tenancy without any reason. If you have no lease, then absolutely, the landlord can terminate your tenancy without any reason. You may wish to have an attorney review your lease if you feel that the termination of your tenancy is in violation of your lease.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/02/08, 6:59 pm
Terry A. Nelson Nelson & Lawless

Re: Commercial rental agreement

Obviously not. Whatever the termination provisions are in the lease determine how it must be done.

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Answered on 12/02/08, 9:16 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Commercial rental agreement

If you do not have a specified term (i.e., 1 year) then yes, usually upon 60 days notice.

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Answered on 12/02/08, 9:16 pm


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