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What are the Rights of a Commercial Subtenant Without a Written Lease

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  • 03-14-2017, 02:07 PM
    Angier
    What are the Rights of a Commercial Subtenant Without a Written Lease
    My question involves landlord-tenant law in the State of: California

    Hi there! I am a subtenant in a salon. The tenant that owns the salon is in a lease with the property owner. Due to some personal issues she wants to break the lease so she can move away (I believe there is just under a year left on the lease). I have a feeling that the property owner will likely let her out of the lease because he already has someone interested. As a subtenant without a written lease do I have any rights? A friend of mine told me I have an implied lease because I pay rent every month and have for three plus years but I don't really know what rights that gives me. At this point in my new career it would devastate my business as well as the other subtenants if we only have 30 days to find somewhere to move our businesses.

    Any advice is extremely appreciated......thanks in advance for your time.
  • 03-14-2017, 03:16 PM
    adjusterjack
    Re: Sub Tenant Without a Lease
    Sorry, but your friend is clueless.

    Section 1046 of the CA Civil Code only requires 30 days notice.

    See:

    http://leginfo.legislature.ca.gov/fa...ectionNum=1946.
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