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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33756
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have been a tenant in a commercial space years. My

Customer Question

I have been a tenant in a commercial space for 23 years. My landlord did not want to renew
my lease the past few years because I was late paying my rent and also my office is small.
Last week the building manager told me that my space is going to be considered as additional space for a new tenant. In other words they want to evict me so they can include
my office space for the new tenant that would pay a lot of money. He told me to start looking for a new space and that business is business. Can I be served with an eviction notice? If so
what are my rights. I'm not behind in my rent. Please advise.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can I be served with an eviction notice?

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Unfortunately the answer is yes, if you are not under a written fixed term lease, then that means that you are a month to month tenant can either you or the landlord can terminate the tenancy with a proper written notice. Since this is a commercial property, in CA proper notice is a 30 day written notice delivered to the other party specifying the date on which the tenancy will end.

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Then if the tenant didn't move out, the landlord would have to pursue a formal unlawful detainer (eviction) action in court, which takes about 3-4 weeks depending on the court schedule, before the landlord could have the sheriff physically remove the tenant and change the locks.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
Ok thank you.
Expert:  Barrister replied 1 year ago.

You are welcome, even if the news wasn't very good..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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