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Richard, Attorney
Category: Business Law
Satisfied Customers: 53697
Experience:  32 years of experience practicing law and a businessman.
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I was served a 3 day notice by the landlord on my restaurant.

Customer Question

I was served a 3 day notice by the landlord on my restaurant. How much time do I have before I have to vacate the property. Do I have any other options. He said that he is going to have his atty file eviction papers. Again, do I have any options?
Submitted: 4 years ago.
Category: Business Law
Expert:  Richard replied 4 years ago.

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?

Customer: replied 4 years ago.


Expert:  Richard replied 4 years ago.

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 tenant
without obtaining an eviction order from a court. What that means is that if
termination date comes and the tenant does not move out, the landlord cannot
simply change the locks or throw the tenant's things out. Rather, what the
landlord has to do is to first deliver a 3-Day Notice to quit...which basically
says the tenant has 3 days to leave or face eviction. But, if the tenant still
hasn't left, the landlord must then file an unlawful detainer petition with the
court for an eviction order. Depending upon the court's docket, it can take
anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order
can the landlord have the tenant evicted. That will buy the tenant a good bit
of time.

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