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  1. #1
    Join Date
    Jul 2013
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    Post How Much Notice Do You Have to Give to a Subtenant

    My question involves an eviction in the state of: California

    I want to evict a commercial sub tenant, there is no lease between us. So from what I understand. This is called tenancy at will and I don't have to give a reason why I'm terminating tenancy. Is this correct? Would I give a 3, 30 or 60 day notice. If it is a 30 day notice, do I need to file the proof of service with the courts, or do I have to wait until the 30 days are up to see if the sub tenant works out? Please help. I lease the building after the prior tenant went out of business and moved out.

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Much Notice Do You Have to Give to a Subtenant

    You have indicated that you don't want to state a reason for terminating his tenancy and have given no indication that he's behind on rent, so I'm not sure why you believe a three-day notice would be possible.

    The sixty-day notice provision for longer-term tenancies applies only to residential tenancies. For a commercial month-to-month tenancy, absent something to the contrary in the lease agreement, pursuant to California Civil Code Sec. 1946 he is entitled to a 30-day notice.

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