Move out notice on commercial rental

[potluck]

What is the name of your state?
California

I have a tenant that has subleased a separate building from my commercial rental and she has been on a month to month for the last couple of years. She is moving out and I would like to know the legal notification she is required to give me. Also, she installed a commercial warehouse type heater and she says she is going to take it with her!! Is that ok??
Thank you.

 

[acmb05]

month to month

She has to give you a 30 day notice of intent to move. As far as the heater goes if it is affixed to the property she cannot take it unless you say she can. Also she would have to bear the expense of putting the property back to the same state as before she installed the heater. So if she had to cut holes anywhere those would have to be fixed. Any improvements done to a rental stays with the rental.

 

[HomeGuru]

What is the name of your state?
California

I have a tenant that has subleased a separate building from my commercial rental and she has been on a month to month for the last couple of years. She is moving out and I would like to know the legal notification she is required to give me. Also, she installed a commercial warehouse type heater and she says she is going to take it with her!! Is that ok??
Thank you.

**A: what does your lease state?

 

[acmb05]

**A: what does your lease state?

I assumed he does not have a written lease as he stated it is month to month.

 

[JETX]

She has to give you a 30 day notice of intent to move. As far as the heater goes if it is affixed to the property she cannot take it unless you say she can. Also she would have to bear the expense of putting the property back to the same state as before she installed the heater. So if she had to cut holes anywhere those would have to be fixed. Any improvements done to a rental stays with the rental.

WRONG!!! WRONG!! WRONG!!
Your lack of knowledge of COMMERCIAL tenancy is showing!!

 

[HomeGuru]

I assumed he does not have a written lease as he stated it is month to month.

**A: beware of assuming.......

 

[JETX]

I have a tenant that has subleased a separate building from my commercial rental and she has been on a month to month for the last couple of years. She is moving out and I would like to know the legal notification she is required to give me. Also, she installed a commercial warehouse type heater and she says she is going to take it with her!! Is that ok??
Thank you.

Ignore ACME as she is WRONG!!

A commerical lease is ENTIRELY different than a residential one.
There is NO statutory 30 day requirement for notices. Nor are their statutory rules as to what she takes or leaves.
The ONLY applicable rule here is.... your lease.
If the lease doesn't require a notice to terminate, then it isn't required.
If your lease doesn't discuss tenant changes to property, she can take ANYTHING she put in the property.... as long as she returns the property to its pre-lease condition. Of course, some 'fixtures' may be too expensive to take and repair... so absent anything to the contrary, she can just leave it.

It's crucial to understand from the get-go that, practically and legally speaking, commercial leases and residential leases are quite different. Here are the main distinctions between them:
* Fewer consumer protection laws. Commercial leases are not subject to most consumer protection laws that govern residential leases -- for example, there are no caps on security deposits or rules protecting a tenant's privacy.
* No standard forms. Many commercial leases are not based on a standard form or agreement; each commercial lease is customized to the landlord's needs. As a result, you need to carefully examine every commercial lease agreement offered to you.
* Long-term and binding. You cannot easily break or change a commercial lease. It is a legally binding contract, and a good deal of money is usually at stake.
* Negotiability and flexibility. Commercial leases are generally subject to much more negotiation between the business owners and the landlord, since businesses often need special features in their spaces, and landlords are often eager for tenants and willing to extend special offers.

 

[acmb05]

well mister jetx

That is not what happened to me. I could not take an air unit with me when I moved out of the rental(yes it was commercial) I also had to give 30 days notice because I was also on a month to month lease at the time.

Lawyer told me improvements such as signs, lighting and such I could take but the air unit since it was attached directly to the building it was a permamnent improvement and it would have to stay.

So evidently I got screwed.

 

[JETX]

That is not what happened to me. I could not take an air unit with me when I moved out of the rental(yes it was commercial) I also had to give 30 days notice because I was also on a month to month lease at the time.

Who cares what happened to you??
First, you are in Tennessee.... and the OP is in California (different laws!)
Second, you have NO idea what might, or might not, be in the OP's lease agreement versus what might have been in yours.
Third, who knows if what happened to you was required by law... or just your failure to exercise your rights??

Lawyer told me improvements such as signs, lighting and such I could take but the air unit since it was attached directly to the building it was a permamnent improvement and it would have to stay.

And what did he say when you asked him to provide case law or statute supporting his OPINION???

So evidently I got screwed.

Maybe, maybe not. I haven't read your lease...

 

[HomeGuru]

Maybe, maybe not. I haven't read your lease...

***A: there was no lease, acmb was month to month......

 

[acmb05]

jetx

I was in California at the time. Just because I am in Tennessee now does not mean I never lived anywhere else.

 

[JETX]

I was in California at the time. Just because I am in Tennessee now does not mean I never lived anywhere else.

Again, who cares??
There are NO standard commercial leases, so each one is completely different from others. And you have NO knowledge of what is in the OP's lease as to notice and/or remaining property.
Bottom line..... Your post was NOT correct.
The tenant may, or may not, have to give notice. Depends on what the lease says.
The tenant my, or may not, have to leave the heater. Depends on what the lease says.... and whether it can be removed without damage and the property returned to its pre-lease condition.

 

[acmb05]

I am willing to bet

they do not have anything in writing as he has stated it was a month to month lease for the last 2 years. So if there is no standard for commercial leases then pray tell what laws they go by when there is no lease aggreement on a sub-lease of commercial property.

 

[JETX]

they do not have anything in writing as he has stated it was a month to month lease for the last 2 years. So if there is no standard for commercial leases then pray tell what laws they go by when there is no lease aggreement on a sub-lease of commercial property.

First off... There is NOTHING in this thread saying the month-to-month lease is NOT in writing (though presumably, that is correct).
Second... if there isn't a WRITTEN lease on a commercial property.... then either party can do anything they want... as long as they comply with the California Civil Code (generally, Title 5).

 

[acmb05]

ok jetx

Not a problem. I do have one question for you and that will be it. This wording is in the commercial landlord/tenant laws. Now I ask would the heating unit be considered affixed to the building?

Trade Fixtures and Improvements

You might spend $100,000 of your own money dolling up your commercial space, and it looks terrific. Then, your lease ends. Unless you put the language in the lease to protect you [see above], whatever you put in that is attached to the building [other than trade fixtures] is a gift to the landlord. A mere utility connection would probably permit the removal, whereas a built-in or solidly bolted structure would suggest that the item must stay. Trade fixtures may be removed when you leave.

Now if we only knew if he had a written lease.