What happens at the end of the lease?  At the end of the does the tenant move out automatically?  What if the tenant does not move out at the end of the lease?  California Attorney and Real Estate Broker Chris Adishian answers the question, “If the lease ends, doesn’t the tenant have to move out?” at the South Bay Association of Realtors Commercial Attorney Panel on June 2, 2015.

Transcript

One, the gentleman back there said, “Well, what if the term of the lease has ended?” And, that’s sort of the distinction in our society and our system of justice between your contractual right and what you need to do to actually enforce this contract. There’s the contract, and then there’s enforcement. So that’s one distinction I wanted to call your attention to. You may have all the rights in the world, but you still need to enforce them – and that enforcement involves costs and time and risk.

This is our latest installment regarding evictions.  In this video about evictions, California Attorney and Real Estate Broker Chris Adishian answers the question, “Is there an expedited legal procedure for evictions?” at the South Bay Association of Realtors Commercial Attorney Panel on June 2, 2015.

Transcript

I want to call attention to the fact that the eviction process, whether commercial or residential, is a totally different track than standard civil litigation. Standard civil litigation in LA County, you’re looking at probably 2 years to trial, plus or minus a little bit. A lot of cases settle, you just don’t know where they’ll settle in those two years.

To your point of well, the term is up, and our society says, we’re going to give you – this is life liberty property, this is property – we’re going to give you an expedited procedure in civil court. Now, I don’t know James, how often is it actually 20 days? And then, even if it is in 20 days, James is still telling you “It’s really expensive”.

So, I just want to call that out: there is an expedited procedure for evictions and it runs differently than standard civil litigation.

California Attorney and Real Estate Broker Chris Adishian answers the question, “How do I select good tenants? Evict bad tenants?” at the South Bay Association of Realtors’ event, “Commercial Attorney Panel-Hot Legal Issues for Commercial Real Estate” on March 5, 2014.

Transcript:

Question: “How do I select a good tenant and how do I get rid of a bed tenant?”

Answer: “In my property management company, we have a lot of commercial properties and commercial tenants and we also have residential. But folks, my answer is going to be primarily commercial here and I’m happy to answer questions about residential later.

But the things you want to do on the commercial side are to do a credit check obviously, maybe run a background check even, you may need to get their consent. But there are services any good law firm or property management firm can access which will allow you to receive: ‘Was there a prior bankruptcy? What’s their credit score?’ They should voluntarily give that to you.

And then you can look at the business: ‘Is this a viable business? Is it an In-n-Out Burger going in there or is it Mable’s Bead Shop? And how much rent are they paying?’ The branded chain tenants are sort of the highest probability of being able to fulfill the lease obligation in general, and the ‘Ma and Pa’ one-off stores are a little risky. But you’ve got to look at each one on a case-by-case basis, see what kind of assets they have behind them, you can ask for bank statements and those sorts of things. If you do those steps in conjunction with your leasing agent and call on his/her experience, that would be a pretty good way to start so you don’t have a tenant who moves in with a lot of promises and then stops paying rent after 2 months.”

About Adishian Law Group, P.C.

Adishian Law Group is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco. As of March 2013, Adishian Law Group, P.C. has represented individual and corporate clients located across 20 California counties, 4 States outside of California and 9 foreign countries — in over 340 legal matters.

For more information about this topic or to speak with Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @algpc | LinkedIn | Facebook | YouTube

We continuously receive inquiries from both Landlords and Tenants regarding termination of tenancies. This article applies to the renewal and termination of residential real property in California cities and municipalities that do NOT have local rent control ordinances (e.g. Santa Monica, Berkeley, San Francisco). However, even in these non-rent control jurisdicition, landlords must be careful with lease terminations.

Where there is a rental of a residential property for a term not specified by the parties, the general rule in California is 60 days notice. However, only 30 days notice is required in the following circumstances:

(A) If any tenant or resident has resided in the dwelling for less than one year, or
(B) If ALL of the following apply:

  1. The dwelling or unit is alienable separate from the title to any other dwelling unit.
  2. The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
  3. The purchaser is a natural person or persons.
  4. The notice is given no more than 120 days after the escrow has been established.
  5. Notice was not previously given to the tenant pursuant to this section.
  6. The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy. Cal. Civ. Code § 1946.1 (West)

Any notices served under this Section, must meet the notice requirements of Section 1162 of the California Code of Civil Procedure.

About Adishian Law Group, P.C.

Adishian Law Group is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco. As of March 2013, Adishian Law Group, P.C. has represented individual and corporate clients located across 20 California counties, 4 States outside of California and 9 foreign countries — in over 340 legal matters.

For more information about this topic or to speak with Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @algpc |   LinkedIn | Facebook | YouTube