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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Have issued a 30 day notice to quit on Commercial tenant.

Resolved Question:

Have issued a 30 day notice to quit on Commercial tenant. What steps must be followed to enforce the tenant to vacate? At moment tenant is not making any steps to vacate.
Thank you
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

May I ask, is there an actual lease in place, or was this an oral lease?
Customer: replied 5 years ago.

Yes, standad 1998 Air Commercial Real Estate Association

Standard Industrial/Commercial

Multi Tenant lease

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

At this point if your lease does not forbid it, you are free to actually chain the doors and lock out the tenant. Since this is a commercial lease and not a residential one, you as a landlord are given more abilities to pursue an eviction. Then, once the property is locked down, you are free to take the unlawful detainer letters to the court and file for a formal complaint that, once served to the tenant, can allow you to go to court and seek a writ allowing the sheriff to forcibly remove the tenant from the premises.

Good luck.
Customer: replied 5 years ago.
Is it legal in California to chain the tenant out before commencing legal action in the Court?
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

For a residential tenant, absolutely not. A commercial tenant is different, and as such greater ability is granted to the landlord. If the lease permits "self-help" such as chaining the doors, you as the landlord are free to do so.

Good luck.
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