Legal Question in Real Estate Law in California
I own an industrial unit that I leased to a business. The lease ends 12-31-10, but the tenant appears to have vacated the property, as of 11-29-10. They have a security deposit, but are not allowed to use that for the last month's rent. They have accrued late fees and we do not know the condition of the interior. We are also concerned about the weather tightness of the building due to roof penetrations installed for his equipment. 1. Can we enter the property? 2. Should we give a 3 day notice to pay rent or quit? We would contact him but he is hostile.
2 Answers from Attorneys
The answers to some of your questions should be found in your lease. Also, the Civil Code contains provisions goverining abandonment of the leasehold by the tenant and the landlord's rights after an abandonment. See sections 1951.2 and 1951.3. The provisions are too lengthy to quote here, but reasonably easy to understand. In any event, you probably have the right to enter and inspect. Finally, I think you should consider having someone attempt to contact the (former?) tenant, perhaps an employee or an attorney hired for this purpose. It would be fair to the tenant and useful to you to have some contact.
I agree with Mr. Whipple. I think at the very least the tenant should be contacted. If he is hostile, the worst thing that is going to happen is that he will say some choice words and hang up or ignore you.
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