Watsonville, CA asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for California

Q: ABC revoked my evicted tenants license to sell indefinitely. Tenants transfers license to a person who doesn’t lease.

All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.

1. Eviction status: You mention "evicted tenants," but it's not clear if the eviction process has been fully completed or is still in progress.

2. License revocation: ABC (likely referring to the California Department of Alcoholic Beverage Control) revoked the tenants' license to sell alcohol indefinitely.

3. License transfer: The tenants apparently transferred their license to someone who isn't leasing the property.

4. Unauthorized operation: The business was open and selling without your consent, possibly illegally.

5. Law enforcement response: The sheriff refused to assist you in this matter.

6. Overdue rent: Rent has not been paid since May 2024 (which is actually in the future from my last update in April 2024).

Given the complexity of this situation, here are some steps you might consider:

1. Consult with a lawyer specializing in California landlord-tenant law and business licensing. They can provide specific advice tailored to your situation.

2. Document everything: Keep records of all communications, rent payments (or lack thereof), and any evidence of unauthorized business operations.

3. Contact the California Department of Alcoholic Beverage Control to report the potentially illegal transfer and operation of the license.

4. If the eviction process isn't complete, ensure you're following all legal procedures for eviction in California.

5. Consider filing a civil lawsuit against the tenants for unpaid rent and any damages to your property.

6. If illegal activities are occurring on your property, continue to report this to local law enforcement and possibly escalate to higher authorities if the sheriff is not responsive.

Remember, as a landlord, you have rights, but you must also follow proper legal procedures. A local attorney can guide you through the specific steps you need to take in your jurisdiction.

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