Pico Rivera, CA asked in Real Estate Law for California

Q: can commercial landlord file lawsuit for a judgment for money owned? its not considered intimidation and harassment?

business exist for 16 years at the same location. we behind 3 month and continue making payments. Landlord treating to file a law suit for a personal judgment. Personal Credit will be ruined. Specially now / Covid -19, California.

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1 Lawyer Answer
James A. Greer
James A. Greer
  • Boulder, CO
  • Licensed in California

A: Dear Commercial Tenant: You asked if a Commercial Landlord can pursue recovery when a Commercial Tenant is "behind three months" on rent. The answer is that irrespective of commercial setting or residential setting, a Landlord may pursue recovery for back rent (including a lawsuit if they so elect). Additionally, most commercial lease agreements have a clause that a Landlord's acceptance of a Tenant's partial payments does not constitute a waiver to pursue the balance or pursue a formal claim (again, if they so elect). Lastly, to your other question, it does not constitute "intimidation" or harassment" for a Landlord to pursue back rent. I am sorry for your situation, but the Landlord's conduct is permissible insofar as you are in breach of the lease's payment terms.

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