Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good evening. Are you in default?
Thanks. Even in commercial leases, California law requires the landlord to go through the court system to force a tenant out of the rental premises. The law does not allow the landlord to forcibly evict a commercial tenantwithout obtaining an eviction order from a court. What that means is that iftermination date comes and the tenant does not move out, the landlord cannotsimply change the locks or throw the tenant's things out. Rather, what thelandlord has to do is to first deliver a 3-Day Notice to quit...which basicallysays the tenant has 3 days to leave or face eviction. But, if the tenant stillhasn't left, the landlord must then file an unlawful detainer petition with thecourt for an eviction order. Depending upon the court's docket, it can takeanywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction ordercan the landlord have the tenant evicted. That will buy the tenant a good bitof time.
I hope thishas given you information that has been helpful to you. If the informationseems moregeneral than specific,please be aware that we are only allowed to provide information and notspecific advice. If youhave a follow-up question, please remember that there might be a delay betweenyour follow up questions and my answers because I may be helping others ortaking a break.
If you do have any additional questions about my answerplease simply ask a follow up question without rating so I can provideyou with a fully satisfactory answer. Please be aware that any rating of 1 or 2 isreflected as a negative rating, reflects negatively on my performance, and Ireceive no credit for my answers.
Thanks for allowing me to be of service to you. Please beaware that the information provided here is not legal advice. Rather it issimply general information. All states have intricacies in their laws and anyinformation given is simply information only and specifically is notintended to be, nor does it constitute, legaladvice. This communication does not establish an attorney-client relationshipwith you. I hope this answer has been helpful to you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).