Would our mitigation costs go down because of the new reduced long term rent obligation?
A: If you arrange a new lease with lower rent, and then break it, then your obligations will be mitigated by virtue of the fact that your rent will be less. Other than that, everything is the same.
Are there exact California commercial codes specific to a landlord that is seeking a retail lease mitigation like: cost of returning the space to a vanilla shell, costs of the difference between the lease and a potential of future rent losses, length of time of claim, landlord costs of the initial 45 day rent abatement, landlord costs of the initial Tenant improvement build out costs?
A: As a general rule, unless the lease otherwise provides, fixtures on rented premises belong to the landlord owner of the realty; even if installed by the tenant, they become the landlord's property at the end of the lease term. Civil Code § 1013; Peiser v. Mettler (1958) 50 Cal.2d 594. Thus, the tenant has no obligation to do anything, because the vacated premises are the landlord's property, in whatever condition returned.
Business if way off and after 8 months of losses we're out of working cash. I can't afford a lawyer for court, so after I'm served the eviction notice do I just show up and say what is going on?
A: You can avoid the eviction by just telling the landlord you are abandoning the tenancy -- assuming you can't negotiate a settlement. If you're gone, then the landlord doesn't need an unlawful detainer action, and will be happy to not have one, because there will be no litigation costs.
When should I move my machines out?
A: Whenever you want, but if the landlord has a security interest in the personal property created by the lease, then the landlord could "clawback" the property. Otherwise, it's yours and you can take it at your leisure. The landlord can't legally restrain your property, but sometimes the doors just seem to always be locked -- if you know what I mean.
Do I just show up on his mitigation portion of the claim?
A: If landlord files a UD, then you must answer. But, if you're out, then the UD is moot, and the case will be converted to a regular civil case for damages under Civil Code 1951.2.
Hope this helps.
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