Evicting a residential tenant for any reason can be a challenge. The California eviction process for a commercial tenant can prove even more challenging, even if you have a significant reason to evict the tenant. There are several steps you must follow to ensure the eviction is legal.
How to Evict a Commercial Tenant in California
If you intend to evict a commercial tenant in California, there are several steps you must take:
1. Make sure you have a clear, legal reason for eviction.
You may evict a commercial tenant in California for nonpayment of rent or a specific breach of the lease agreement. Make sure you are prepared to lay out evidence of nonpayment of rent or be able to explain how the tenant breached their lease. .
2. Provide the tenant with three days’ written notice.
If you intend to evict a tenant in California, you must provide the tenant with three days’ written notice informing them they owe back rent and that they have three days to pay before eviction proceedings begin. If the tenant issues a full payment within three days, you must accept the payment and you cannot move forward with the eviction.
3. File for unlawful detainer.
Once you have allowed the three-day grace period to pass, you must file an unlawful detainer with the court. At this stage in the process, the tenant will have five days to contest the detainer and show why they should be permitted to stay in the property despite your evidence that they have failed to pay rent (or have broken the lease agreement). If the tenant chooses to contest the conviction, you may need to wait for a trial. The trial outcome will dictate whether the tenant must leave the property.
4. Ask the court for possession.
Once the court grants the eviction, the sheriff will visit the premises and post an order to vacate. The commercial tenant will then have five days to vacate the property. If the tenant does not leave within that timeframe, you can ask the sheriff to lock the tenant out of the premises.
Keep in mind that in California, only the sheriff can physically bar a tenant from a property. This includes commercial properties. You should not take matters into your own hands and do things like changing the locks or removing the tenant’s property from the premises without the involvement of law enforcement.
What are the Notice Requirements for Evicting a Commercial Tenant in California?
In California, you will need to begin by giving the tenant a three-day notice, notifying them that you plan to begin eviction proceedings. Once the court grants the eviction, you will need the sheriff to post a five-day notice to vacate the premises.
How Much Does It Cost to Evict a Commercial Tenant?
The cost of evicting a commercial tenant can vary. Court fees will be about $1,000, in most cases. In some counties, specific filing fees can increase these costs.
How SueYa Can Help with Commercial Tenant Eviction
SueYa can help streamline the eviction process in several ways.
- We’ll start by ensuring that all paperwork is filled out correctly and contains all key details. Misfiled paperwork can interfere with your case and make it much harder to get the eviction you need.
- Let us have the awkward conversations with your commercial tenant, on your behalf. We’ll handle the notification process, including coming up with the right language to notify the tenant of eviction.
- We take care of compiling any essential court documents, making it easier to show exactly what steps the tenant failed to take and why you have the right to evict those tenants.
- We make sure that you fully understand your rights as a landlord. Landlord/tenant laws can get complicated. We will make sure that ever detail is covered.
If you need to evict a commercial tenant in California, whether you’re wondering how to evict a commercial tenant or simply need help to make the process go as smoothly as possible, count on us to help you every step of the way.
Why Does the Eviction Process Take So Long in California?
In some cases, evictions in California can proceed relatively smoothly. However, if the court has a backlog when you file the unlawful detainer, it can take time to have your request approved and get the sheriff to post the notice. As a result, the eviction process can drag out longer than necessary. If you fail to submit any necessary paperwork or miss any details on your paperwork, the eviction process may take even longer.
Get Help with Your Commercial Eviction
If you need to evict someone from a commercial property in California, make sure you have all your paperwork handled correctly and that you aren’t missing any key details. Contact us today to learn more about how we can help.