Legal Question in Real Estate Law in California
Ten Day Notice to Perform or Quit
I have a commercial lease on a unit at an industrial park. I was served with a ''10 Day Notice to Perform or Quit'' stating that I have breached my lease. If I do not cure the breaches to my landlord's satisfaction, does the ''quit'' part of my notice mean I have the option to get out of my lease voluntarily, free and clear or does it mean the landlord will follow with an eviction notice? The breaches are for a mezzanine we built inside the unit without their consent.Can you please post answers by November 27
3 Answers from Attorneys
Re: Ten Day Notice to Perform or Quit
Unless the notice includes a statement that the landlord is terminating the lease it remains in effect and your on responsible for the rent due under the lease until the property is released. If the new rental rate is lower than the rent you are paying you would be liable for the shortfall.
Re: Ten Day Notice to Perform or Quit
"Quit" in a notice to quit means to vacate. You have the option of doing the first part (preforming or paying) or leaving. If you choose to leave the unit, it does not otherwise end the lease and, as stated previously, you are responsible for the remainder of the lease.
Re: Ten Day Notice to Perform or Quit
It means that the landlord wants you to conform to the terms of your lease, and if the lease does not allow the mezzanine, then either remove it within 10 days or leave ("quit") the premises. Note, however, if you elect to simply leave, the landlord may elect to pursue you for the balance of your lease term; if he does that, he must also establish that he has tried to lease it to others and has been unable.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
