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  1. #1
    Join Date
    Sep 2007
    Posts
    9

    Default Commercial Tenant Locked Out in California

    Hello I am new to this site I came for advise.
    I am a Commercial sub-tenant in CA Here is my current situation. I have been a Sub tenant with a friend sharing a 2200sft commercial building Split down the middle converted into two separate suites. According to the Business Parks Ownership our units are considered ONE SINGLE UNIT because it used to be operated as one business. It has two complete separate Suites fully closed in. But my neighbor took over his brothers Lease contract after his brother left 3 years ago. I have paying all my rent directly to the business park and never to my neighbor our agreement was only verbal and we agreed to pay half of TOTAL Amount of rent due for our two units. We have no rental agreement or signed contract. We have always just paid our rent separately and had no problems. Two years ago The Business Park told me that they were going to raise the rent $25 for the total amount due so I talked with my friend and agreed to pay 50% which was 12.50 more on my part.

    OK HERE ID THE CURRENT SITUATION
    This past MARCH 2007 My friend also took over two more units in another part of the business park in which the Business Park raised their rent in those new units not part of me or our shared units because they had to make a new lease agreement. The business park handles all billing per unit numbers to keep everything separate. Now my friends wife told me that the business park was going to raise the rent on our front shared units totaling $100 increase. Beginning MAY 1st and since our verbal agreement was to pay 50% of total rent due. I would half to pay an increase of $50 So I took her word for it and paid an extra 50$ for MAY, JUNE, JULY, & AUG now it was confusing because the Business Park Representative was good friends with my friends wife. And when I would go to pay my rent and another rep would be confused with my amount. It turned out that While I was paying an extra $50 for rent my neighbor was paying $50 less and I had the rep print all my receipts showing my payments as well as my neighbors and They told me that That increase was from my neighbor to me and not from them. So on last day or rent due SEP 18 2007 I paid my rent minus $250 I told them that I over paid so that will get me caught up. Now to not get in the middle of my shared units they told me to solve that issue with my neighbor because the lease is in their name.
    Today I went to talk with my neighbor and there was a printed notice DATED SEP 18 taped on the inside of my glass window saying to pay or quit. My neighbor changed my locks and went into my unit without my permission She told me I have to wait till Saturday SEP 22 to Get my belongings out of the unit because that’s when my friend would be available. The Business Park took my money order payment for SEP 07 payment minus the $250 over paid fees. But would not five me a receipt. There is much value in my belonging including a classic car. Are they right in doing this and what can I do.

  2. #2

    Default Re: In California LOCKED OUT Legal or not?

    I am very sorry to say this but ANYONE who would rent a COMMERCIAL space in the state of CA (or anywhere for that matter) without a written agreement with either the primary LL or the person they were renting from (if a "real" sublet) is crazy these days...and it's like going into a gun fight with a pencil.

    You will have to get an attorney or work it out with your neighbor. This is NOT the commercial LL's problem that I can see. To sit here and pay rent with NOTHING IN WRITING and "take" increases again with NOTHING IN WRITING and then be upset and try to right it later...well let's just say by paying what you did for those several months you IMPLIED ACCEPTANCE of the new "share" and of course the LL company is happy because they really could care less about who pays how much.

    Good luck to you.

  3. #3
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Commercial Tenant Locked Out in California

    OK THATS FINE WHAT ABOUT the lockout I don't mind quiting but they did not serve me and give me three days notice they just locked the door. The Business Park is aware of me being a sub-tenant.

  4. #4
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Commercial Tenant Locked Out in California

    Does anyone know if the lockout is legal I made the choice to quit and get my stuff out.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Commercial Tenant Locked Out in California

    It does not sound like legally they can lock you out of the property you have rented from them, whether you have an Estate at will; and
    Estate at sufferance lease or written or verbal contract.

    However, I did not study the following:

    http://www.dre.cahwnet.gov/pdf_docs/ref09.pdf from Reference Book - A Real Estate Guide,California Department of Real Estate

    because I am unable to follow/understand the relationship of your neighbor with you and your agreement for sharing rents/space or the last part of how you calculated what you owe.

    It would help tremendously if you could sort out the questions you have. It might be easrier for us to reference your statements andask additional questions.

    Thank you.

  6. #6
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Commercial Tenant Locked Out in California

    OK The bottom line is that I this months rent minus the money I believed I overpaid. My friend who hold the signed lease with the Business Park did not agree with that and broke into my unit and changed the locks. and posted a pay or quit notice on the inside of the glass. The Business Park took my partial payment for SEP payment.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Commercial Tenant Locked Out in California

    Contact the Business Park. Tell them what happened. Ask them to unlock the premises until you can remove the items that are yours. If they won't tell them you will take legal action.

  8. #8
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Commercial Tenant Locked Out in California

    Quote Quoting deadlock
    View Post
    Contact the Business Park. Tell them what happened. Ask them to unlock the premises until you can remove the items that are yours. If they won't tell them you will take legal action.
    Well this weekend I want to go get my belongings out Can I cut the lock they placed on my door illegally to gain entry. I still have not been served and the landlord knows where my residence is they have had plenty of time to serve me legally.

    I know that i may be responsible for damaging the lock but it was placed illegally. The property managment told me through email that I need to resolve with my neigbors only since they hold the lease. PLEASE LET ME KNOW ASAP

  9. #9

    Default Re: Commercial Tenant Locked Out in California

    What you need to understand is that in CA COMMERCIAL tenants do NOT have the same rights as RESIDENTIAL.

    Nor do the same laws apply.

    Virtually all laws surrounding COMMERCIAL rentals revolve around whatever is in the WRITTEN DOCUMENT signed by both parties.

    You were given valid suggestions above such as try to work it out with this "neighbor" and/or the real LL (though it is NOT their problem) but it seems you are he**bent on taking matters into your own hands.

    Good luck to you.

  10. #10
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Commercial Tenant Locked Out in California

    companyman,

    No one on the forum can give you permission to do what you already are planning to do, ie cut the lock.

    The answers you receive are not intended as legal advice. If you are unable to read the laws, interpret them (perhaps with assistance here) and possibly apply them in your situation, you should contact someone locally to give you legal advice about your specific situation.

    I hope it works out for you.

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