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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88673
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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hi you know what i just got served with a notice to pay

Customer Question

hi

you know what i just got served with a notice to pay " preparation for commercial unlawful detainer case " $600

and a charge of $25 talking to there lawyer about the 3 day notice

i paid with in the 3 days.

what can i do to deal with this case
Submitted: 2 years ago.
Category: Business Law
Expert:  Barrister replied 2 years ago.
Hello again,

Unless there is something in your lease contract that states that you are responsible for any "preparation fees" if they have to start an eviction case, then they can't charge it.
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So you would need to carefully review the lease to see if this is an allowable charge. Typically this would be a common clause because the landlord would incur charges each time they had to begin an eviction action against a tenant if the tenant was in breach of the lease contract.
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If it is in there, then you are stuck.
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Thanks.

Barrister

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.
isnt the first step is to send the 3 day notice and if within the 3 day notice the payment is made then only responsibility is the cost of the 3 day notice?
Expert:  Barrister replied 2 years ago.
Well, in a commercial contract, they can put in terms that state that the tenant is responsible for any costs related to a breach of contract. If the rent isn't paid in full on the due date, legally the tenant is in breach and can typically be held responsible for any legal action that is necessary after that.
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But it would have to be specified in the lease contract, so that is the place to look.

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Thanks.

Barrister

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.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.


Customer: replied 2 years ago.

well, in residential cases you serve the tenant the 3 day notice if they pay within the 3 day then that is it right .

 

and the lawyer charge me $25 for calling her and ask her about the 3 day notice without telling me that she is going to charge me .

Expert:  Barrister replied 2 years ago.
Correct, but commercial leases are an entirely different animal and are not bound by the same rules as residential. Under CA law a residential tenant has 3 days to cure a default of failure to pay rent. Commercial leases are not subject to that same law. They are controlled almost entirely by the stated terms within the lease contract. So if in the commercial lease the tenant agrees to be liable for any costs of collection after breach, then they can be.

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.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.

isnt the rule is first you do the 3 day notice right?

and then if the demand not met within 3 days , then you prepare for the evection?

 

their demands met with in the 3 day

 

what about the charges of $25 without letting me know in advance?

Expert:  Barrister replied 2 years ago.
In a residential lease yes.

In a commercial lease, the notice period is whatever it states in the lease. But if the tenant doesn't pay in full on the due date, legally they are in breach of the contract and anything after that would be preparation for eviction.
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As for the attorney charges, attorneys bill for their time so he is going to bill someone for any contact or work done on the case. If the lease states you are responsible for collection costs after default, then you can be charged for any expenses incurred, including any work the attorney does preparing for any possible eviction.
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I really can't make it any simpler than that.
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You can dispute it and refuse to pay if the lease doesn't specify that you are responsible for the charges, but if it does and they sue, they will win and be able to tack on even more charges for legal costs and attorney's fees.
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.

.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.

and the lawyer charge me $25 for calling her and ask her about the 3 day notice without telling me that she is going to charge me .

 

you did not answer this one!!!!!

Expert:  Barrister replied 2 years ago.
Actually I did:
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" If the lease states you are responsible for collection costs after default, then you can be charged for any expenses incurred, including any work the attorney does preparing for any possible eviction."
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So since there would have been no contact with the attorney if there had been no breach of the lease, that contact is directly related to the breach.
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I apologize if you do not care for my answers, but my job is to tell the customer the truth, regardless of whether it is positive or negative to their situation. If I just told you what you wanted to hear, I would be doing you a disservice if it was incorrect and I was just doing so to agree with you.
.

.

.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.
but you are not answering the question about the $25
Expert:  Barrister replied 2 years ago.
If you called the attorney and that incurred a charge for the attorney's time in discussing the situation with you, then that would be a cost related to the breach of contract. So if your lease states that you are liable for all costs related to a breach, then either the attorney can bill you or the landlord can bill you if he is charged for the cost of the call.
.

.

.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.

you can not charge someone with out their knowledge you have to tell them you gona charge them

 

you can not just go behind the doors and charge them, it is a telephone call

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, your previous expert has opted out, but they were quite correct. A commercial lease is completely different than a residential lease and is not even handled under the same landlord tenant laws. The law of your situation is contained in your lease document. Thus, if your lease document provides for eviction without notice and for charges associated with the eviction, then they do NOT have to give you 3 day notice to evict if you did not make payment AND they CAN charge you the fees for contacting their attorney about the eviction because that is a COST ASSOCIATED WITH THE EVICTION.

I am afraid you are looking at this like a residential lease and on the same terms that everyone knows about residential leases, but that is not what applies to commercial leases.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer OR the HAPPY SMILEY FACE. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

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Customer: replied 2 years ago.

this done only to me . there are 21 suites none of them to my information that they paid

this capital investiment by the owner in his shopping center my rent is always paid on time never been late one day.

 

i think i have to take him to small claim and if i win ..then all this will be reversed.

 

i think in any business, you can not charge fees unless you tell the person and the person agrees.

 

i think i am positive 100% that you do tell people that you gona charge them before not after

it was a phone call asking why i am receiving the 3 day notice.

 

i think i might be a victim of ignorance not know how things work

 

the removed all parking lot and then rebuild it and broke all sidewaks and add to the side walk that he broke totally and i have to pay for his capital investement.

 

i am simply broke

Expert:  Law Educator, Esq. replied 2 years ago.
You have a claim against them if you can prove that the reason they are doing this to you is based only on your age/race/sex/disability or in retaliation for you making complaints about some breach of your lease.

I am afraid you are only partially right and neither myself or the other expert said they could charge you UNLESS YOUR LEASE says that you would be liable for all damages and costs associated with the eviction. If you signed that lease, then you did agree to be charged for this, since the court holds you liable for the contents of every document you sign.

Legally, I am sorry to say that being a victim of ignorance in not knowing how things work is not a defense to any suit against you.

If they promised you parking as part of your lease and they have taken that away (other than temporarily for repairs), then this is breach of lease and grounds for you to countersue them for that breach. However, if the parking is taken because of reasonable repairs, I am afraid this is not a ground to sue them successfully.
Customer: replied 2 years ago.

well, last year 2011, his shopping center worth alot less but after he remodle the parking lot and the sidewaks and the new addition to that it worth alot more now, i do not see my self paying for his investement .

i am sure it is retaliation for contesting them, but i do not know where to go to complain about that? do you?

Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, you can try to raise this as a defense in your eviction to try to show it is retaliatory for you complaining about the parking lot repairs, but if the repairs were necessary improvements and it took place last year, that would be a weak defense I am afraid.
Customer: replied 2 years ago.

i am not under eviction no no.

yes it happend last year , but billing happened this year 2012.

 

he called it repair but it is not. it is his capital investement in his shopping center.

we pay every month maintenance to keep it clean and maybe minor repairs

 

it was abot $130k , i do not see how that can be repairs

Expert:  Law Educator, Esq. replied 2 years ago.
You have a right to dispute the charge in court, but before you do so, you need to take out a copy of your lease and you have to read that lease to check the terms in the lease. It is of primary importance that you do so, because if these charges are allowed under you lease and you sue, they can charge you for attorneys fees for bringing a frivolous action (since it was provided for in your lease).
Customer: replied 2 years ago.

but it is gona be a small claim court, no attorney will be involved

 

so it should not be any attorney fees , only court cost, right?

Expert:  Law Educator, Esq. replied 2 years ago.
That is not true, if you sue him as a landlord, he can bring a lawyer to small claims court as he is a business and you can end up liable for those attorney's fees.
Customer: replied 2 years ago.
great so who decided if this work they done is a repair or it is the landlord capital investement?
Expert:  Law Educator, Esq. replied 2 years ago.
The judge as the trier of fact will view your claims and the landlord's and make the determination whether this was a repair or capital investment, but remember that commercial leases are not exactly written to be in favor of the tenant here.
Customer: replied 2 years ago.

if i email you a copy of the lease , would you be able to tell me , that the removal of the aspholt and redoing it agin , and removal of the sidewaks and adding to it .

 

that is a repair and maintenance

 

and not capital investment?

Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, we cannot make contact through any means other than this service, so we cannot receive documents through email. Furthermore, the removal of the asphalt and sidewalks could be seek as either upgrade/repair or capital improvement, it all depends on proving the prior condition and we cannot make that judgment call from this service as it is well beyond the scope of this type of service and more in the realm of sitting with a local attorney with evidence such as photographs of before and after and a copy of your lease. As the site disclaimers state clearly, this site is not intended as a substitute for sitting with a local attorney and I apologize but that is a limitation of this service.
Customer: replied 2 years ago.

thanks

 

so it simply nothing for us we are at the mercy of the landlord

Expert:  Law Educator, Esq. replied 2 years ago.
You are at the mercy of your lease, not the landlord per se. You are bound by whatever the lease terms state.
Customer: replied 2 years ago.

it been done before we submeted to the lawyer before portion of the lease.

 

i mean lease

Expert:  Law Educator, Esq. replied 2 years ago.
You said you had a lease already, so it did not have to go back to the lawyer again, so I am afraid I do not understand.
Customer: replied 2 years ago.

hi

 

my lease can be uploaded to you if you want to see it, it has been uploaded before with the prevous lawyer, i uploaded to him only the maintenance part of the lease, but that was like 2 months ago.

Customer: replied 2 years ago.
are you there or what?
Customer: replied 2 years ago.
if you are not there let me know

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