At Ruzicka & Wallace, LLP, in Irvine, California we have litigated thousands of evictions and are a leader in the industry. We have vast experience evicting tenants of industrial, office and retail properties. Our lawyers understand that time is money and seek speedy, effective resolutions to these cases. Call us at 949-467-9185 or toll free at 888-514-1046 to speak to an attorney.
Differences From Residential Evictions
Evictions actions for commercial real property differ in many significant respects from residential evictions, including the fact that a commercial tenant is more likely to have legal counsel. Additional differences include:
- Estimating rent — In residential eviction actions, the landlord is required to precisely state the amount of rent owing in a three-day notice to pay rent or quit. In evictions concerning commercial real property, the landlord is entitled to estimate the rent owed. As long as the rent demanded in the commercial three-day notice to pay rent or quit is within 20 percent of the actual amount owing, the notice will support an eviction action.
- Definition of "rent" — In eviction actions concerning residential property, a three-day notice to pay rent or quit may only demand rent. The inclusion of other charges, such as late fees, will render the notice defective. Such charges must be demanded in a separate notice to perform covenant or quit. However, in eviction actions concerning commercial real property, the landlord may demand all monetary obligations owing under the lease in a notice to pay rent or quit provided the lease defines the monetary obligations as "rent" or "additional rent."
- Accepting rent after service of a three-day notice to pay rent or quit — In residential eviction actions, acceptance of any rent after service of a three-day notice to pay rent or quit will cancel the notice. With respect to commercial eviction actions, if the notice to pay rent or quit is properly worded, the landlord may accept partial payments of rent after service of the notice and proceed with eviction.
- Altering notice periods — It is common for commercial lease agreements to extend the notice period for notices to pay rent or quit and/or notices to perform covenant or quit from the statutory three days' notice to 10 days, 15 days or some other period. Failure to give the required amount of notice may render the notice defective.
- Service of lease termination notices — It is common for commercial lease agreements to alter the statutory provisions governing service of notices. Generally, commercial lease provisions provide more liberal methods of servicing a tenant. However, in some circumstances, the leases provide stricter service requirements.
- Limited tenant defenses — One of the most important defenses afforded a tenant of residential real property, the implied warranty of habitability, is not available to a tenant of commercial premises.
Landlord's Action for Rent and Damages Upon a Tenant's Abandonment
After an eviction is completed or where an eviction is not necessary because the tenant abandoned the premises, the landlord may file a lawsuit to recover rent and damages owing through the remainder of the term of the lease. We can make sure you understand your rights and obligations as you pursue this type of remedy.
Riverside Rent Arrears Attorneys
To learn more about our commercial evictions services, contact our Orange County commercial eviction attorneys.
