Legal Question in Real Estate Law in California
Rented a piece of land (not a dwelling) with a business partner. Paid for and have a conditional land use permit signed by owner and business partners. Conditional land use permit was required by county due to business. Paid rent through business. Business partner and I had a disagreement amongst ourselves. Although our rental agreement was not renewed, we continued to do business on property. Received a letter from the landlord stating that if I entered the property, I would be charged with trespass to property (which scared me) as they had not signed a rental agreement with me, only my business partner. Landlord knew we both were conducting business on this property and required the business to obtain insurance. Does the landlord need to give me any type of notice to evict me off of property or was it okay to threaten to have me charged with trespass to property which caused me a loss of money?
2 Answers from Attorneys
I would have to see any written agreement you have as to the business partner that would suggest you have a right to enter the property, the original rental agreement [does it state it is the partnership that is the renter or your business partner only], the communications from the landlord, use permit, written communications from partner relevant to this issue, etc. If everything is in his name alone, then you might not have the right to enter. The landlord clearly is acting at his request. If you have no right to enter the property, no warning has to be given that you can not enter, and the landlord did give you a warning. You can only be evicted if you have a right to enter, in which case there are formal notices required. It sounds as though your lawsuit would be against your business partner.
not proof read
If you want me to assist you further, you can contact me at 510-441-2684 or [email protected], but at that point i would be charging for my legal help.
I might add that when a lease expires, the tenant's right to occupy the property any longer terminates, and the landlord doesn't need to give any notice, although most will.
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