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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.
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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.
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