The process of terminating any California tenancy starts with delivery of the initial notice to vacate the premises. The first and most common reason to evict any tenant is for non-payment of rent. There are four major differences between a residential notice for non-payment of rent and a commercial notice for non-payment of rent, discussed below.
The first major difference is that a residential tenancy 3-Day Notice to Pay Rent or Vacate must be exact as to how much rent is owed and needed to cure the default prior to the expiration of the Notice. This is unlike a commercial tenancy 3-Day Notice to Pay or Quit, which can provide a reasonable estimate of what is owed and what must be paid to cure the default.
Another major difference between a residential 3-Day Notice to Pay or Quit and a Commercial Notice is that a Residential Notice must not include late charges and other fees. However, a Commercial 3-Day Notice can and should include all money owed to the landlord including Rent, Late Fees, and all other charges billed to the tenant under the lease.
Commercial and residential 3-Day Notices also differ because the landlord of a commercial tenancy may accept a partial rent payment after service of the notice and still proceed with the eviction case. In a residential tenancy, the landlord’s acceptance of a partial rent payment operates as a waiver of his right to pursue an eviction against the tenant based on that 3-Day Notice.
Fourth, a Commercial 3-Day Notice to Pay Rent or Quit must be mailed to the tenant and/or the agent for service of the tenant if the tenant is a Corporation or a Limited Liability Company by certified mail return receipt requested – along with following the provisions of the lease and Code of Civil Procedure Section 1162. This is unlike a residential 3-Day Notice, which can be served by personally delivering it to the tenant or another adult at the premises, by “posting and mailing”, or by certified mail.
Commercial evictions are a complex area of the law that often require special expertise. Lynx Legal Service has handled over 12,000 eviction cases, many of which involved commercial evictions. Accordingly, please do not hesitate to contact us today at 888-441-2355 for further guidance on your eviction needs, or if you are ready to start a case.