The decision to evict a commercial tenant from your property, reasons notwithstanding, is never an easy one. Unfortunately, there are times when it might be necessary.
How you carry out eviction from your commercial property will largely depend on the nature of the lease agreement and the reasons for the removal.
When can you evict a commercial tenant?
Under California law, landlords can evict commercial tenants for several reasons, such as using the property for illegal purposes, failing to pay rent, undertaking unauthorized modifications or violating the lease contract terms.
Ensure you follow the process
If a tenant violates the lease agreement, for example, by failing to pay rent, the landlord will need to issue them with a three-day notice. This notice indicates that the landlord intends to take legal action against the tenant should they fail to remedy the issue. The tenant has three days to pay up to avoid an eviction.
After the notice, the landlord must wait for three days before they can formally begin the eviction process. If the tenant fails to remedy the situation within three days, the landlord may file an Unlawful Detainer complaint against the tenant.
If the landlord gets his way, the tenant will be served with a summons. Upon receiving the summons, the tenant will have five days to vacate the rented property. However, if the five days lapse and the tenant still has not vacated the premises, the landlord will have to seek the court’s intervention.
If you need to evict a commercial tenant in California, get legal help to understand all the necessary procedures.