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  1. #1

    Default Eviction From Commercial Business

    My question involves an eviction in the state of: California, Los Angeles

    This involves commercial business property. Have had numerous problems with tenant. Chronic late payment of rent, misrespresentation, vulgar, etc. Lease expired September 2007. We did not renew. The lease went into a " hold over" month to month. Because we were involved in litigation involving the tenant on another matter ,we waited until that matter was settled before trying to evict. The tenant is a big pain and now we desire to get him out. He is over twenty days late on the rent and I serve him a three day notice to pay but I left out of the notice some needed info, which I discovered later through research. Should I serve him a three day notice to quit and a thirty day notice at the same time? Should I start the unlawful detainer action too after the three day notice? He is now 25 days late on the rent. I asked him how much time he needed to move out because we have another tenant ready in move in. He said he would try his best to be out by June 15, 2008. Since I know his word means nothing I told him to sign a agreement tomorrow stating what he verbally told me. I will attempt tomorrow to see if he will sign. How should I proceed. This guy misrespresents so often that I do not trust him. If he signs and does not follow through should I just file an unlawful detainer with the court or should I do it now with the thirty day and three day notice given at the same time? Any sound legal advice will be appreciated.

  2. #2
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    Default Re: Eviction From Commercial Business

    Absent a clear, written signed agreement indicating that he will be out on a particular date, such that you could seek to evict him as a holdover after that date, I don't see why you would hesitate to serve him with both 3-day and 30-days notice.

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