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Evicting a commercial tenant in California

Commercial tenants do not have the same legal protections as residential tenants. Eviction might be worth looking into if you are a landlord and have a commercial tenant who is behind on their rent or has breached the terms of their lease agreement. However, attempting to evict a tenant can be a long and expensive process depending on the circumstances. There are also many things to consider before deciding to start the eviction process.

Key questions to consider prior to eviction

Before beginning the eviction process you may want to consider whether eviction is the appropriate course of action. The first thing to consider is whether you have grounds to evict the tenant and bring them to trial. If your tenant has unpaid rent or has broken their lease agreement in a different manner, you could begin the eviction process.

If the commercial tenant is not solvent, discussing this issue with an attorney may be helpful in identifying the next steps.

Beginning the eviction process

There are several steps to complete before taking your tenant to court.

In California, you must complete the following tasks to begin the eviction process:

  • Draft and serve a three-day notice to the tenant
  • Complete a proof of service form
  • Give the tenant an opportunity to respond
  • Hire an attorney
  • File an Unlawful Detainer Complaint
  • Allow the tenants to leave the premises

A knowledgeable real estate lawyer can help you to evaluate your options, assist you throughout the eviction process and ensure mistakes are not made along the way. Do not delay in seeking legal advice and learn the next steps as soon as possible.

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