Commercial leases are complex and a big part of a business’ overhead. Commercial lease disputes commonly arise between landlord and commercial tenant. Landlord/Tenant law differs as between commercial and residential leases and our Commercial Real Estate lawyers in Los Angeles are experienced at drafting, negotiating and litigating commercial lease issues. Typically, Commercial Lease litigation arises from contract disputes and breach of contract claims, interpretation of commercial lease terms, build-out obligations, and changes in conditions and circumstances that effect business.
Los Angeles Commercial Eviction Attorneys – We represent both tenants and landlords in Commercial Lease Evictions. We’ve conducted eviction trials for both commercial landlords and commercial tenants. Althought there are some differences with residential evictions, a commercial eviction must still comply with the strict rules of law governing evictions in California. The Notice must be properly served and comply with sections 1161.1 and 1162 of the California Code of Civil Procedure, the commercial landlord’s case in chief must be proven with admissible evidence and any defense brought by a commercial tenant must be established pursuant to the California Evidence Code and other rules of law.
Important Note regarding Commercial Lease Notices to Pay Rent or Quit – Commercial Landlords serving Notices to Pay or Quit on their commercial tenants that include portions of rent or payment demanded based on estimated numbers (i.e., property tax or CAM charges) must clearly identify those figures as “ESTIMATES.” Failure to do so may subject your notice to heightened judicial scrutiny at trial and risk losing a judgment to the tenant.
Cal. Civ. Code § 1161.1(a) states in pertinent part: “If the amount stated in the notice provided to the tenant pursuant to subdivision (2) of Section 1161 is clearly identified by the notice as an estimate and the amount claimed is not in fact correct, but it is determined upon the trial or other judicial determination that rent was owing, and the amount claimed in the notice was reasonably estimated, the tenant shall be subject to judgment for possession and the actual amount of rent and other sums found to be due.” Thus, any figure included in the Notice and Demand to Pay Rent or Quit that is an estimate must be clearly identified in the notice as an estimate. See also WDT-Winchester v. Nilsson, (1994) 27 Cal. App.4th 516, 526.
There are several commercial lease issues that landlords and tenants need to be mindful of and below are some links to helpful articles and information:
- Assignments and Subleases
- Trade Fixtures
- Covenant of Quiet Enjoyment
- Doctrine of Commercial Frustration
- Commercial Eviction Notices
Our Commercial Eviction Attorneys are experienced commercial landlords themselves and understand the issues commercial landlords and tenants face beyond just knowing the law.
Contact our Commercial Lease Attorneys today for a free consultation. We service the Greater Los Angeles area.
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