Legal Question in Real Estate Law in California
commercial tenant will not leave
We have a commercial tenant, their one year lease expired 09/06 they have been on a month to month with no verbal or written agreement, we sent a certified letter 30 day notice to vacate the premises on 11/06, they said they needed to find new space. We sent certified mail again on 02/01/07 to vacate by 02/28/07. Tenant is avoiding us and we got a letter from the county of San Bernardino that the tenant is in default of a payment agreement for their business license and we are resposible since the tenant sublets from us. Our property is a leased airplane hanger from San Bernardino County. What is our next step to make sure the tenant is out by the 28th. Can I change the locks on March 1st?
3 Answers from Attorneys
Re: commercial tenant will not leave
You will have to file an unlawful detainer. You cannot just change the locks unless the property is vacant. Please call us if you have any more questions.
Re: commercial tenant will not leave
If you have given the requisite notice, then why give the notice again? Once you give the proper notice, and the tenant remains, they hold the property in unlawful detainer. You have to file a lawsuit for eviction before you can change the locks, and it is done once the sheriff evicts them.
You cannot simply change the locks yourself, or go in with guns and force them out. This requires legal process.
Very truly yours,
Re: commercial tenant will not leave
You should begin eviction proceedings to legally get rid of your tenant.
Feel free to contact us for further information.
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