Legal Question in Real Estate Law in California
Commercial
I've been renting a office. The lease was up Oct 15. I called the management company and wanted to vacate the property. They told me they have to contact the lawyer that handles the property. So we were going back & forth for about two months. My neighbors have dogs & pitbulls in there units & let them lay in the hall ways. There is a weed shop on the 2nd floor. So the stench of drugs gets up to my unit. I'm a mortgage company & this has really hurt my business. Employees have quit on me because of the animals & clients wouldnt want to do business after they saw the enviorment around the office. I left the unit at the end of Nov because no one would get back to me. Now the lawyer says I need to serve 60 day advance written notice. Which the management company never told me. Now they are requesting me to pay Nov & Dec. I dont know what to do. Can someone help me?
2 Answers from Attorneys
Re: Commercial
If you have a written lease, look at the lease and see if it has any provisions for holder-over tenancy and whether it requires a 60-day notice to vacate after the end of the lease. If it does not, then you can refuse to pay. They may still sue you in small claims court to recover the rent for November and December, but you can argue: (i) the lease terminated October 15 and you were a mere holder-over tenant on a month-to-month tenancy; (ii) by allowing the Dogs and "weed shop" they have breached your right to quiet enjoyment; and (iii) in a commercial tenancy, there is no need to give 60-days notice to vacate, unless the lease provides for such notice.
You may want to spend a few dollars and visit an attorney in your area in connection with your rights and obligations under the terms of your lease.
Re: Commercial
Normally it is 30 day notice; check the lease. In any event, you may give them a chance to fix the problems and then vacate based on breach of quiet enjoyment.
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