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Commercial Landlord
Signing a commercial lease can be a frightening experience for the small business owner. Many of the terms are unfamiliar. The owner may be unsure of her right to negotiate, since she may not know what a fair rent in the neighborhood is. And finally, the amount of money at stake can be exceedingly high – often a business person’s life savings and family welfare are at stake.
People tend to empathize with the tenant more than with the landlord. The landlord is seen as the person sitting high atop a skyscraper, behind a big desk, with high stacks of money teetering on the edges. As the landlord looks out over the cityscape, he rubs his hands together in satisfaction over a tenant eviction.
These stereotypes are unjustified. Landlords do not want to evict tenants: eviction proceedings are expensive and frustratingly sluggish.
Therefore, it is important for a landlord to realize the first signs of payment delinquency. The tenant may approach the landlord before any nonpayment, asking for a reduction in rent. A tenant may pay a fraction of the rent, and then promise to pay the rest when an anticipated “big deal” comes through. These signs should raise suspicion in the mind of a discerning landlord. A landlord must determine the probability of payment, based on business factors such as profitability and financial indicators.
The next step is serving a 3-day notice, which states the amount due and gives the tenant 3 days in which to pay this amount before eviction commences. In California, a landlord can choose between stating an exact amount or an estimate. If choosing the latter, a landlord can overestimate the rent and still evict, but the judge can adjust the rent to a reasonable amount.
If the business still does not cough up the rent, a landlord is left with no choice but to file an “unlawful detainer” to start the eviction lawsuit.
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