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Miss Pearl!. I have a question concerning my place of

Customer Question
Good morning Miss Pearl...

Good morning Miss Pearl! My name is FionBanh. I have a question concerning my place of business. Two weeks ago, I receive a letter from my landlord. My landlord request me to move within 60 days. I have rent this building for more than 20 years. This is a business. Before we have the lease agreement. I completely remodel the building back in 2005. I have signed the lease agreement when I remodel the building. Somehow my lease has ended and the landlord never asked to renew the lease. It is a month to month lease ever since. I always paid my rent on time. My question for you is, “Does the landlord has the right to evict me in 60 days?” Does he needs to inform me a 3-6 months in advance since this is a business? I can’t find a place at the moment. I am very stress out and so does my employees. This is a Japense Fast Food. Thank you!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

It’s in California, Modesyo

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I don’t remember. We always upkeep the property nice and clean.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I also buy the fire insurance

Submitted: 5 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
12/21/2017
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 11,258
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. The answer to your question, unfortunately, is no, the landlord does not need to notify you months in advance if you are on a month to month agreement. For residential leases, if someone is on a month to month agreement and has been living on the property longer than 12 months, then they are entitled to 60 days notice (instead of the usual 30 days); however, the same doesn't apply to commercial leases. A commercial landlord can evict a tenant that is on a month to month basis. So, unless there is something that you agreed to that would otherwise prohibit the landlord from doing this, you'll be bound to that. I'm very sorry. Did you have any other questions for me regarding this?

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Customer reply replied 5 months ago
when I signed the lease agreement with the landlord, I asked him to let me know ahead of time if on the future he is to sell the property or plan not to let me stay there. We have a verbal agreement.
Lawyer: Legal Eagle, Lawyer replied 5 months ago

I see what you mean. Technically, the 60 days notice is ahead of time whether he plans to sell the property or not. For what reason is he evicting you?

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Customer reply replied 5 months ago
Not sure
Customer reply replied 5 months ago
I asked him if we do anything wrong? He said mo
Customer reply replied 5 months ago
No
Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm very sorry to hear about that. As a business owner, you may need to put some of your magic to work.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

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Customer reply replied 5 months ago
I have an appointment soon. Can I call you later today to chat about this issue? Maybe around 4pm
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Absolutely.

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Customer reply replied 5 months ago
Ok thank you
Lawyer: Legal Eagle, Lawyer replied 5 months ago

You bet!

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 11,258
11,258 Satisfied Customers
Experience: Licensed to practice before state and federal court

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