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How to properly evict a commercial tenant

On Behalf of | Aug 28, 2018 | real estate disputes

As a California commercial landlord, you probably know that the rules governing your landlord-tenant relationships differ from those that apply to residential landlord-tenant relationships. While residential tenants typically have more protection that commercial tenants in the eyes of the law, there are still certain processes you must follow when dealing with commercial tenants if you wish to avoid potential litigation. At Kashfian & Kashfian LLP, we understand the process involved in evicting a commercial tenant, and we have helped many clients navigate their way through similar scenarios while staying on the right side of the law.

Per, whether you ultimately have grounds to evict a commercial tenant depends on what you included in the original terms of your lease. If your commercial tenant clearly broke lease terms, which he or she may do by, say, failing to pay rent on time or using the property for an unintended purpose, you may have legal standing to evict him or her. Make sure before doing so, however, that your lease agreement does not allow for a grace period as far as paying rent. If it does, you must wait until the grace period has passed to begin the process of evicting your tenant.

Next, you will want to inform your tenant in writing of your plans to evict him or her, and you should include thorough information about your reasoning for doing so. If your tenant fails to rectify the problem promptly and effectively after receiving your notice, your next move may involve filing an eviction case against the tenant in county court.

Before your court date, be sure to gather as much evidence as you have against the tenant you want to evict. This might include photographs of damage, evidence of you trying to work out problems with your tenant through other methods, and so on. If the judge agrees with you, you can request a writ of possession that will enable you to regain access to your property. You can find out more about real estate law on our webpage.