Overview of Commercial Evictions in California

In California, the ground rules for evicting a commercial tenant are very similar to the procedures utilized to evict a residential tenant.  Here is an overview of the eviction procedure for commercial evictions in California.

Grounds for Eviction

Commercial tenants in California can be evicted for several reasons.  The most common reasons are:

Non-payment of rent.

Breach of lease terms

Illegal Activities

Expiration of the lease.

Required Notice

The eviction process starts with serving a three or 30 day notice to the tenant.  A three day notice is required where the eviction is based on unpaid rent, lease violations and illegal activities. A thirty day notice would be required where the eviction is based on termination of the tenancy.  This notice must be properly prepared and served on the tenant via personal delivery, by leaving with someone of suitable age at the premises, or by posting the papers on the property and following up with a mailed copy.

The Eviction Lawsuit

Following the expiration of the notice, the landlord must continue the eviction process by filing and serving an unlawful detainer lawsuit if the tenant does not voluntarily vacate the property.  The lawsuit is filed at the county courthouse in which the property is located, and must be properly served on the tenant.  Acceptable methods of service include personal delivery or leaving a copy with a person of suitable age and discretion at the premises.  The court may, upon request, also allow service by posting and mailing where the first two methods are unsuccessful. 

The tenant has 10 court days to respond to the lawsuit.  If the tenant fails to respond, the landlord can request entry of his default which results in a default judgment in the landlord’s favor.  If the tenant responds, the court will set the matter for a hearing to resolve the case based on the evidence presented.

Key Differences Between Residential and Commercial Evictions

Evicting a commercial tenant in California differs from evicting a residential tenant in certain respects.  The most significant difference stems from the myriad of state and federal law imposing additional safeguards protecting against residential evictions.  A common example is the “just cause” laws enacted in various jurisdictions, limiting evictions to situations where the landlord has a recognized reason to oust the tenant (such as for failing to pay rent or breaching a term of the rental agreement.) Because they are not as heavily regulated, commercial tenants are governed primarily by the contract terms entered into between the landlord and tenant. 

There are also fewer regulations for commercial evictions regarding how security deposits are handled and returned. Disputes over security deposits are typically resolved based on the lease terms. California law sets strict guidelines on how much can be charged for a security deposit and the timeline for returning it after the tenant moves out, including providing detailed reasons and receipts for any deductions.

Engaging a specialist with experience handling thousands of commercial evictions over the years can best help you navigate the challenges of a commercial eviction.  Please call 888-441-2355 or email info@lynxlegal.com for additional derails regarding Lynx Legal’s eviction services.