What is the procedure for evicting a tenant from commercial property?
The procedure for evicting a tenant from commercial property in California can be a long and complicated process. The first step is for the landlord to serve the tenant a three-day notice to pay rent or quit. This is a formal document that informs the tenant that they must either pay their rent or vacate the property within three days. If the tenant does not comply with the notice, the landlord can then file an eviction lawsuit with the court. This is called an “unlawful detainer” and it is filed with the court in the jurisdiction in which the property is located. The court will then serve the tenant with a copy of the lawsuit. The tenant then has an opportunity to respond to the lawsuit. If they fail to respond, the landlord will be granted a judgment in favor of the eviction. If they do respond, the court will hold a trial. During the trial, the landlord must prove that they have the right to evict the tenant and provide evidence that they followed the statutory requirements. The court will then issue an order of eviction if it finds in favor of the landlord. At this point, the tenant must either move out or the landlord may need to hire a Sheriff to physically remove the tenant. The eviction process can be a long and complicated process, so it is wise for landlords to consider all their options before proceeding.
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