Recent Answers to General Tenancy Agreement Law Questions
cost to sue tenant for back rent in a commercial property
Contracts
General Tenancy Agreement
California
Commercial tenant stopped making lease & CAM payments for months. The lease has 5+ years remaining on lease. The tenant is personally liable for the lease (no corporation / LLC). We wish to pursue suit, obtain a judgement and then collect the judgement.
Dolan W.
Hello! My name is Dolan and I'm happy to answer questions for you. If a tenant has received proper notice to cure a defect in the rental agreement, or is a holdover tenant, the law requires a CA landlord to go to court for the eviction (called an unlawful detainer). The main steps in an eviction are: The landlord must give notice (e.g., a 3-day notice to pay rent, or a 30-day notice to vacate); If the defect is not “cured,” then the landlord must begin eviction proceedings by filling out form CM-010, form UD-100, form UD-101, and SUM 130 (the summons); After filing (and serving) the document, the court will wait at least 5 days to schedule a hearing. If the tenant files a court form to give their side of the story, the landlord can ask for a trial date. If the tenant does not, the landlord can ask for a default judgment; If there is a trial, a judge will hear both sides. After the judge decides, the judge issues an order the landlord can take to the sheriff to help effectuate the eviction. More can be found at this link - https://selfhelp.courts.ca.gov/eviction-landlord Best of luck!
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