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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Owner of private airport hanger rented unit /shop on a month to month agreement

Customer Question

owner of private airport hanger rented unit for storage/shop on a month to month agreement hires tenant to make repairs to hanger then owner gives tenant 30 day notice without reason to vacate while still owing tenant for repairs. Tenant didn't sign the rental agreement but has since moved his shop into unit and paid rent. Owner had harassed tenant by making a false report to local sheriffs just to have us questioned and removed off property for trespassing and threatened, taken away the use of bathroom faculties, and now is going to take way access to unit.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
If the owner is using "self help" measures (cutting off bathroom access, etc.) instead of going through a formal unlawful detainer (eviction) action in civil court in order to regain possession of the hanger, the tenant can sue the owner for "illegal eviction" as well as "breach of contract" in small claims court (see: http://www.courts.ca.gov/selfhelp-smallclaims.htm).
Once the tenant has their small claims complaint filed, they can then file for a temporary injunction to get access to the restrooms and other areas of the property pending the outcome of the civil action.
Keep in mind, a commercial month to month lease can be terminated with 30 days notice without reason by either party. While the owner can issue the 30 day notice to terminate the lease, they can only enforce it by going to court and filing the unlawful detainer - they cannot use "self help" measures, so while the tenant can buy more time by filing this action, eventually they will need to relocate their business.