Commercial Evictions
Base Rate – $948 Commercial Evictions*
Commercial Eviction Process in California
If you are thinking about evicting a commercial or retail tenant, the process for eviction is similar to a residential eviction. Landlords still need to serve a 3 Day Notice before filing an unlawful detainer, the trial takes place shortly after, and more often than not, the parties settle outside the courtroom. However, there are some differences between the two, but there are two main differences listed below:
- The stakes are much higher – commercial tenants often pay higher monthly rents than residential tenants. In addition, the contract term is often longer than one year, making the amount owed to the landlord substantially larger than almost any residential tenant. It is common to see a 20-year commercial lease, during which the tenant is committing to pay the landlord millions of dollars over the life of the lease. Income and tenant occupancy also directly affect the value of commercial property, therefore, it is essential to handle commercial eviction quickly and effectively.
- Partial rents accepted – after serving a 3 Day Notice to Pay or Quit, a commercial landlord can accept partial rent without waiving the right to continue the eviction. Residential landlord who accepts partial rent after the 3 Day Notice is served waived the right to continue with the unlawful detainer (however, they can serve another 3 Day Notice to Pay or Quit for the remainder right after accepting the partial rent).
*Flat Rate Prices are for our service and do not include the Court Filing Fees or Outside Costs
Flat Rate Fee for Commercial Evictions includes:
- Initial Notice
- Arrangement of Service of the Initial Notice
- Summons and Unlawful Detainer Complaint Lawsuit
- Arrangement of Service to the Tenant(s) of the Lawsuit
- Clerk’s Default and Judgment for Possession
- Request or Counter Request for Court Trial, if necessary
- Judgment for Possession
- Submission of Documents/Forms for Court Filing
- Phone Calls to Court
Issue that can occur during a Commercial Eviction
Not each eviction case is as straightforward as it appears, there are unexpected things that could occur throughout your case to draw it out. Not to worry, Evictions & Judgments team is prepared and experienced in handling any conceivable events.
We have seen Tenants try to:
- Evade service of the commercial eviction lawsuit
In the event that you tenant(s) is deliberately evading personal service of the filed commercial unlawful detainer lawsuit, after three to five personal attempts made by the Process Server we would need to ask for a Posting Order from the Court. This would permit us to serve the Tenant by posting the filed lawsuit at the property and mailing a second duplicated to the address where posting was made. This gives the tenant 15 days to file an Answer with the Court.
- File a demurrer
- file a motion to stay
- file a motion to quash service
- file a motion to strike
In the event that a tenant tries any of these actions, we have an EXPERIENCE COMMERCIAL EVICTION ATTORNEY READY TO FIGHT FOR YOU.
If necessary, and if the case calls it, you may hire a network attorney to represent you at the court trial for an additional affordable flat-fee of an average of $350. We count with a network of attorneys all over California that can assist you at a trial appearance. You may opt to represent yourself at the court trial which many of our clients do. We do not want you to suffer the frustrations that can come up with the eviction process.
Not each tenant eviction matter is as straightforward as it appears there are things that could happen that could drag your case out. Not to worry, Evictions & Judgments is prepared to complete oppositions to tenant’s motion, stipulations, application to post summons, bankruptcy relief, and much more.