Commercial Evictions and Unlawful Detainer Actions
Pleasanton business attorneys advocate for commercial landlords and tenants
In California, the legal process to remove a tenant for cause is called an unlawful detainer action. Landlords must comply with statutory notice and filing requirements before a court will order a tenant’s removal. Mistakes in procedure can delay enforcement or result in dismissal. At Garcia and Gurney, A Law Corporation in Pleasanton, our commercial real estate attorneys help business owners and property managers pursue their rights and protect their financial interests, while minimizing disruption to their operations.
Common reasons for commercial eviction/unlawful detainer actions
Commercial evictions most often arise from nonpayment of rent, particularly when businesses face financial downturns or seasonal revenue changes. Other frequent causes are lease violations, such as:
- Unauthorized alterations
- Failure to maintain insurance
- Improper use of the premises
- Subleasing without consent
- Possession after lease expiration
- Failing to maintain the property
- Violating operating hours
- Breaching exclusivity provisions
Because commercial real estate leases are negotiated and customized, the specific grounds for eviction may depend on the contract language.
Notice requirements for landlords
Before filing an unlawful detainer action, landlords must serve a written notice that clearly states the reason for eviction and provides the tenant with an opportunity to cure the violation when applicable. For example, landlords commonly employ a three-day notice to pay rent or vacate. Other lease breaches might require a notice to perform a covenant or quit, allowing the tenant a short period to correct the problem. Without proper notice, the court can dismiss the case, requiring the landlord to start over.
The legal process for an unlawful detainer case
If the tenant does not comply with the notice, the landlord can file an unlawful detainer complaint in court. The tenant typically has only a few days to respond. If the tenant contests the case, the court can schedule a trial on an expedited basis. At trial, the landlord must prove the existence of the lease, the tenant’s breach, proper notice and continued possession of the property. If the landlord prevails, the court will issue a judgment for possession and may award unpaid rent, damages and attorneys’ fees if the lease permits. Law enforcement may then enforce a writ of possession to remove the tenant.
Common defenses for commercial tenants
Commercial tenants might raise several defenses to an eviction. These include:
- Improper or defective notice
- Waiver by the landlord
- Acceptance of partial rent after a breach
- Landlord’s failure to comply with lease obligations
- Landlord’s interference with business operations
- Failed maintenance
In some cases, tenants challenge the eviction by asserting that the alleged breach was minor or was cured within the notice period. In others, they might dispute the rent calculation or claim that the lease terms are ambiguous.
Potential outcomes for landlords and tenants
Unlawful detainer disputes may be resolved through negotiated settlements, allowing tenants time to relocate or restructure payments. If the landlord prevails at trial, the tenant might be removed and held responsible for damages or unpaid rent.
For tenants, losing possession can interrupt business operations, customer relationships and revenue streams. For landlords, a successful eviction restores control of the property but could entail vacancy costs and re-leasing expenses.
Because commercial eviction disputes often involve complex lease terms, parties should seek early legal guidance to pursue efficient solutions and protect their business interests.
Contact our commercial real estate lawyers for unlawful detainer cases in CA
Garcia and Gurney, A Law Corporation in Pleasanton represents commercial landlords and tenants in unlawful detainer cases throughout the Bay Area. To schedule a consultation, call us today at 925-468-0400 or contact us online.
