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  1. #1
    Join Date
    Jul 2013
    Posts
    2

    Default 60 Day Notice Received

    My question involves landlord-tenant law in the State of: California

    I have a commercial lease from 2/1/2013 to 2/1/2014, this is for a portion inside a warehouse (sharing space) but the landlord is the warehouse's owner. I been in a partnership when we decided to open the company, unfortunatelly the partnership didn't work and my ex-partner and I decided to keep going on a "virtual" separated space sharing 50% of the space for each one, when that happened I sent an email to my landlord asking if there was a way to split the lease agreement in two parts. I had no answer but I just decided to keep going.
    The problem was at the beginning of each month at the time to pay the rent, my check was on time but my ex-partner check was late and had no funds like 3 times. The check was covered on each month and fees was paying acording to the landlord request, and we had no warning nor notice prior to the 60 days termination notice received on June 8th, 2013.

    Checking the lease agreement it has two important sections:

    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.


    and

    Security Deposit: The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord' s other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the
    transferee and thereafter shall have no further liability for the return of such Security Deposit.


    I'm not sure if this lease termination is legal or not since according with the Default section, we covered the rent amount before the 15 days written notice and during the same month, we never was late more than 30 days. I know this is not a correct way to work with rents, but it was totally out of my control until I noticed.

    Now, the problem is that I don't have the money to move my equipment yet, I have a 30ft X 30ft, 14 tons digital press, to bring the press to the warhouse I had to hire a large flatbed truck and a heavy duty forklift, plus special electrical installation to make it to work since the press needs 400 volts to operate. I invested almost all my savings to bring the press to the place, now this guy want me to move out. I cannot afford it yet!!

    There is anything to do here? any legal protection? any advise?
    I'm located in zip code 90660 (reference)

    I will appreciate any comment, I have until August 8th. to vacate.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 60 Day Notice Received

    I have until August 8th
    so what have you been doing for the last month?

    The section you referred to does not appear to give rise to a right to terminate the lease. Is that the section cited in your termination notice or was some other justification cited?

  3. #3
    Join Date
    Jul 2013
    Posts
    2

    Default Re: 60 Day Notice Received

    "so what have you been doing for the last month?"

    Thank you for your post. My press was installed and start running the same day that I received the 60-day notice. I'm just starting my company, I'm barely start making money to buy materials and print samples, I'm doing money, but not $5,000 to pay the techs to move the press, $2000 to the movers, $1300 deposit and $1300 first month for the new place, $1000 for electrical setup. I'm trying but june to september are the slow months on this kind of industry, and I still owing money for the original setup/installation.

    "The section you referred to does not appear to give rise to a right to terminate the lease. Is that the section cited in your termination notice or was some other justification cited?" sorry, I was not clear enough and I'm just noticed. The justification was because the late rent payments. I don't know if that is enough to decide to terminate a lease since this is not clearly defined on the lease agreement.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: 60 Day Notice Received

    I suggest you try to negotiate your friend leaving and you paying all the lease.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 60 Day Notice Received

    I do not see a right to terminate based on what you have posted. That doesn't mean there isn't something elsewhere in the lease combined with what you posted that would allow for a termination.



    I presume you have spoken with the landlord about your interpretation of the lease and it does not allow for a termination based on your payment issues.

    I would suggest taking the lease to a local lawyer who can read it in its entirety. Only then will you be able to be confident in an opinion. If the lease does not allow for a termination based on the reason given, all you can do is refuse to leave and fight whatever comes from that.

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