if i have a lease for a store cAn they issue a 3 day notice if i am only one month behind
State/Country relating to question: California
nothing my husband has been in ICU do I have no access to the money the shopping center is 60% vacant and they are depending on me to make thier morgage payment
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. Unfortunately, even being one month late constitutes a default giving the landlord the right to serve you a 3-Day Notice to Quit. But, before they can lock you out or force you out, they must then file an unlawful detainer action against you, which will require a court hearing and the court to issue an eviction order. That will take some time depending upon the court backlog, but once that eviction order is issued, then the landlord can force you out.
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We have a five year lease. I plan to pay June tomorrow but they want julys too it is not late yet can they do that? also once a 3 day is issued can i still make the payment?
Thanks. They will have to issue a new 3-Day Notice to Quit for July rent. But, unfortunately, what they can do is refuse to accept the June rent and proceed with the foreclosure. If you can get them to accept June rent, then their eviction right with respect to June will be over because if they accept June rent, which is in their discretion unless your lease specifically contains a right to cure clause, then the 3-Day Notice is no longer valid. So, if you don't have the July rent, try to cajole them into accepting June. That will buy you some additional time.
This person is a developer aka attorney, not a "real estate" attorney. By googleing i found more accurate information and used it to resolve my problem. please cancel my plan. I am a licensed civil engineer and surveyor and could have given better info than that after some basic research.
Just so you know....I have 32 years experience practicing law, representing national brokerage firms, national retail and apartment developers, big box, regional and local tenants. I graduated 3rd in my law school class and was a member of the law review. I'm also a developer and owner myself of retail centers, mixed use communities, and apartment projects. I deal with leases from the landlord and tenant side...residential and commercial...every day from both an owner's standpoint and a legal standpoint. So, the information that I provided you is accurate. You may have done your own research and you may have found other ways to approach the problem....which may or may not be accurate. But, when you tell me I don't know this area, I take exception to that. I wish you the best with your issues.
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