What legal remedies do landlords have when tenants default on their leases?

When a tenant defaults on a commercial lease in California, the landlord has a variety of legal remedies available. Generally speaking, the landlord’s first step is to serve the tenant with a written demand for payment of all money owed, as well as a notice to cure the default. If the tenant fails to respond to the demand, the landlord may have a right to terminate the lease and sue the tenant for unpaid rent and other damages. The landlord may also possess rights to the tenant’s personal property if the tenancy has terminated. The landlord may take possession of the tenant’s personal property in the building, as well as the tenant’s rental deposit. In some cases, the landlord may also have the right to sue the tenant for the cost of re-renting the space. This is referred to as “lost rent” and is the amount of money the landlord would have earned had the tenant actually stayed and continued to pay rent for the remainder of the lease. In cases where the tenant is in breach of a financial obligation, such as failing to pay rent, the landlord may also have the right to pursue a money judgment against the tenant, as well as additional costs such as attorneys’ fees and court costs. Finally, the landlord may have the right to collect any tenant security deposit the tenant has deposited. This will depend upon the language of the lease and the laws of the state where the property is located.

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What legal remedies do landlords have when tenants default on their leases?

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