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  1. #1

    Question No Lease in Place, 2 Week Notice Given for Eviction

    My question involves an eviction in the state of: California

    Greetings I have a church that is renting space from another church for Sunday and Thursday services on a verbal agreement. Would this be considered commercial and is a 30 day notice required for eviction even though there is no lease and rent has never been late?

  2. #2
    Join Date
    Jan 2006

    Default Re: No Lease in Place 2 Week Notice Given for Eviction

    yes, it would be commercial.

    yes, there is a lease but apparently it is not written (shame on all of you)

    don;t hold me to this but generally commercial leases are bound by the terms of the lease. The state tends to not to involved in specific terms in commercial.

    if that holds true, there would be no notice required and almost assuredly, no reason needed.

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: No Lease in Place 2 Week Notice Given for Eviction

    From what you've said, two weeks notice would not be adequate notice.
    Quote Quoting California Civil Code, Sec. 1946.
    A hiring of real property, for a term not specified by theparties, is deemed to be renewed as stated in Section 1945, at theend of the term implied by law unless one of the parties giveswritten notice to the other of his intention to terminate the same,at least as long before the expiration thereof as the term of thehiring itself, not exceeding 30 days; provided, however, that as totenancies from month to month either of the parties may terminate thesame by giving at least 30 days' written notice thereof at any timeand the rent shall be due and payable to and including the date oftermination. It shall be competent for the parties to provide by anagreement at the time such tenancy is created that a notice of theintention to terminate the same may be given at any time not lessthan seven days before the expiration of the term thereof. The noticeherein required shall be given in the manner prescribed in Section1162 of the Code of Civil Procedure or by sending a copy by certifiedor registered mail addressed to the other party. In addition, thelessee may give such notice by sending a copy by certified orregistered mail addressed to the agent of the lessor to whom thelessee has paid the rent for the month prior to the date of suchnotice or by delivering a copy to the agent personally.

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