What is the process for evicting a tenant from a commercial real estate property?

In California, the process for evicting a tenant from a commercial real estate property is regulated by the state’s Unlawful Detainer Statute. The process begins with the landlord serving the tenant with a three-day notice to quit. This notice must be served in person, mailed to the tenant’s residence, or posted in a conspicuous place on the property. The notice informs the tenant that they have three days to either pay the delinquent rent, move out, or respond with a legal reason why they should not be evicted. If the tenant does not comply with the notice, the landlord must file an Unlawful Detainer action in court. This is a legal claim that must include a copy of the notice that was served on the tenant and any proof the landlord has of the tenant’s breach of their lease. The tenant will then be served with the lawsuit and be required to respond within five days. If the tenant does not respond, the landlord can file for a default judgement and will usually be granted possession of the property. If the tenant does respond, the court will schedule a hearing, during which both sides will make their arguments. The court will then issue a judgement and if the landlord is granted possession of the property, the tenant will be required to vacate. If the tenant does not leave, the sheriff’s office can be called to physically remove the tenant from the property.

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