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  1. #1

    Default California Commercial Eviction. Served 3 Day Pay or Quit. How to Take Back Property

    My question involves an eviction in the state of: California

    I posted a 3 day notice to pay or quit and mailed it to the tenants home.

    The tenant will not return phone calls or emails and appears to have abandoned, but left junk. The also appear to have changed the locks, again.

    Their only phone is now disconnected.

    Seeking advice for how to proceed, please.

    Thank you very much.

    The contract says this about default-

    If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: California Commercial Eviction. Served 3 Day Pay or Quit. How to Take Back Proper

    My dad is a commercial landlord, and to play it safe, I would go through with going to court to have an eviction done. Years back, my dad thought he knew about his lease, took over a tenant's premises, changed the locks, tenant and his lawyer disagreed with his interpretation, took him the court, and the judge agreed with the tenant's lawyer.

    In his rush to get the tenant out, he wound up losing another 60 days rent because the judge ordered my dad to give the tenant the key to the lock that he changed. And just to punish my dad, the judge gave the tenant 30 dyas rent free, and admonished my dad over violating the tenant's rights..

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