When can you ask the Sheriff to lock up the door after 3 days notice is served

[Wayner]

California

I have this commercial tenant that is not paying rent for close 2 months and not responsive to all my inquiries. I am about to serve her 3 days notice. If she does not pay up after 3 days do I have to file for Unlawful detainer first before I ask the Sheriff to lock up her doors ? Pls advise.

 

[LdiJ]

California

I have this commercial tenant that is not paying rent for close 2 months and not responsive to all my inquiries. I am about to serve her 3 days notice. If she does not pay up after 3 days do I have to file for Unlawful detainer first before I ask the Sheriff to lock up her doors ? Pls advise.

Yes, you have to file for and be granted the unlawful detainer before you can lock them out. You cannot lock them out without due process.

 

[sandyclaus]

California

I have this commercial tenant that is not paying rent for close 2 months and not responsive to all my inquiries. I am about to serve her 3 days notice. If she does not pay up after 3 days do I have to file for Unlawful detainer first before I ask the Sheriff to lock up her doors ? Pls advise.

Apparently, you aren't very familiar with the legal aspects of being a LL - commercial OR residential - as evidenced by the fact that you have allowed them to remain for nearly 2 months without starting the eviction process. There is a proper legal procedure that you MUST follow, or it provides your tenant with viable options to counter any eviction procedures that you might effect.

Here is a step-by-step guide I found that tells you how to evict a tenant from a commercial property in California:
http://homeguides.sfgate.com/evict-tenant-commercial-building-3028.html

Follow it, and for the best results, hire yourself an attorney who specializes in commercial property to handle the eviction.

 

[Wayner]

Thanks for all the great input. This tenant has been paying on time for the last 2.5 years and have never been late until Nov 2013 and I tried to contact her to see what is going on. She has been very easy and pleasant to deal with in the past and I want to give her a chance to respond. For reasons I did not understand she has evaded my inquiry and only paid up partial of what she owned for 2 months. Yet the way how she has been avoiding touched a wrong nerve in me and I doubt her business will survive long so I reluctantly have to deal with this process to force up to pay up the full past due rent.

Yes my lawyers used to handle these cases but I no longer want to entrust all matters without knowing the process or procedures myself.

 

[TigerD]

What does your lease say?
Did you take a security interest in the contents of the building?
Did you file a UCC-1?

Use your attorney and ask a lot of questions.

DC

 

[Wayner]

What does your lease say?
Did you take a security interest in the contents of the building?
Did you file a UCC-1?

Use your attorney and ask a lot of questions.

DC

I am giving her a deadline to pay up all the rent past due this week and if I don't get all the remaining amount by the due date I will be filing a 3 days notice before an unlawful detainer. Out of curiosity can you file unlawful detainer (for evicting commercial tenants) directly to court without hiring an atttorney in California ?

 

[TigerD]

I am giving her a deadline to pay up all the rent past due this week and if I don't get all the remaining amount by the due date I will be filing a 3 days notice before an unlawful detainer. Out of curiosity can you file unlawful detainer (for evicting commercial tenants) directly to court without hiring an atttorney in California ?

Again, the key question is: What does your lease say?
As for filing unlawful detainer pro se, how is your business organized? Are you a corporation, LLC, or sole proprietorship?

DC

 

[Wayner]

Again, the key question is: What does your lease say?
As for filing unlawful detainer pro se, how is your business organized? Are you a corporation, LLC, or sole proprietorship?

DC

So far I have given the tenant more than enough time to respond in relation to the terms and agreement stated in the Lease Agreement and she is in default. I have setup a corporation (C Corporation) and I know unlawful detainer would only allows me to get the space back and I have to file seperate legal suit against the tenants to recover monetary damages.

I have been burnt by unethnical lawyers in the last 3 years (taken a few of them to the bar) and I simply want to take care of this on my own if I can.

 

[TigerD]

So far I have given the tenant more than enough time to respond in relation to the terms and agreement stated in the Lease Agreement and she is in default. I have setup a corporation (C Corporation) and I know unlawful detainer would only allows me to get the space back and I have to file seperate legal suit against the tenants to recover monetary damages.

I have been burnt by unethnical lawyers in the last 3 years (taken a few of them to the bar) and I simply want to take care of this on my own if I can.

You cannot legally handle this yourself. You are not your corporation. You must hire an attorney.

DC

 

[CdwJava]

California

I have this commercial tenant that is not paying rent for close 2 months and not responsive to all my inquiries. I am about to serve her 3 days notice. If she does not pay up after 3 days do I have to file for Unlawful detainer first before I ask the Sheriff to lock up her doors ? Pls advise.

This is for a COURT to order, not you. You can ask them to do anything, but without a court order they ain't gonna lock a tenant out of anyplace!

 

[Wayner]

You cannot legally handle this yourself. You are not your corporation. You must hire an attorney.

DC

I am just an authorized agent of the corporation and I don't even hold majority of the shares of the company. I called the supercourt of my county and asked even I could represent on behalf of the company and the answer is yes. I can file UD 100 and file for default judgement later on if there is no answer 5 days after the summon.

 

[Wayner]

This is for a COURT to order, not you. You can ask them to do anything, but without a court order they ain't gonna lock a tenant out of anyplace!

Yes I know this is a writ of possession which I can only file with the Sheriff after I received the court order and the Sheriff will post a 5 days notice to vacate before they lock out the doors.

 

[Zigner]

I am just an authorized agent of the corporation and I don't even hold majority of the shares of the company. I called the supercourt of my county and asked even I could represent on behalf of the company and the answer is yes. I can file UD 100 and file for default judgement later on if there is no answer 5 days after the summon.

Again, a corporation must be represented by an attorney in this matter. To do otherwise will amount to the unlawful practice of law.

 

[Wayner]

Again, a corporation must be represented by an attorney in this matter. To do otherwise will amount to the unlawful practice of law.

Ok. Then in the small claims court I can actually represent my corporation against a former residential tenant who breached a lease with the corporation ? Why do they allow that in small claims court ?

 

[Zigner]

Ok. Then in the small claims court I can actually represent my corporation against a former residential tenant who breached a lease with the corporation ? Why do they allow that in small claims court ?

Because small claims court is a different animal. You are not going to small claims court.