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Commercial lease question. The lease in over March 31, 2018.

Customer Question
Second opinion] commercial lease...

Second opinion] commercial lease question. The lease in over March 31, 2018. The landlord gave the notice to the current tenant to leave after the lease is over because she wants her store back. He said he will NOT be leaving. What can she do?

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

Temecula, CA

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

She wants them out. The store smells real bad due to french soap

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

It is a one year lease, but they have a right to exercise the right to 5 (12 month extensions) The landlord wants them out and we are supposed to move in ther

Submitted: 4 months ago.Category: Legal
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Answered in 1 hour by:
2/2/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,115
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

He said he will NOT be leaving. What can she do?

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The day after the lease expires, if the tenant is still there, landlord can immediately file a formal eviction lawsuit in the local Superior court to get a judgment and a writ of possession that the sheriff will execute to force the tenant out..

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This will take around a month from start to finish and the landlord can sue the tenant for the costs and any damages /lost rent for their actions.

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But if the tenant has an option to extend the lease contract, then the landlord may be stuck because until those options expire, the landlord can't legally get them out if they aren't in breach of the lease in some other way..

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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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.

Barrister

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