Fremont, CA asked in Landlord - Tenant for California

Q: I am landlord in commercial lease, I want to terminate due to tenant tearing down walls , no written permission. How?

There is a clause requiring written permission in lease

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2 Lawyer Answers
Mr. Robin Mashal
Mr. Robin Mashal
Answered
  • Los Angeles, CA
  • Licensed in California

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

In order to give a complete answer to your question, one would need to review your lease and also have a good understanding of the damages you reference. Generally, a tenant's committing "waste" (damages to the premises that cause substantial and permanent diminution in value) can be grounds for eviction. Also, breach of a material provision of the lease can be grounds for eviction. In either scenario, a landlord would need to serve proper notice before initiating unlawful detainer action. These can be much more technical than what meets the eye, and landlord has the burden of proving these allegations, so you should retain a competent attorney to represent you.

Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: You would give the tenant a 3-day notice to perform covenant or quit (for not gaining written permission for tenant improvements). Then you can start the unlawful detainer proceedings.

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