Legal Question in Business Law in California

I have any office in California and the landlord gave me a eviction notice. I honor the notice and move out. Now, he wants to turn it around and tell me that he never told me that I had to get out. I have copies of all the email and phone that he send.

Now he wants me to give him a 30 days notice to move out. That mean that I would have to pay for June rent. Can the landlord do this?

I do not know if this would Business Law or Real Estate Law


Asked on 5/23/11, 8:06 am

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

After considering several alternatives to advise you to try, I think maybe your first plan of attack is to have a meeting with the landlord or manager who is authoring and signing the notices. Befpre going to the meeting, re-read the notices to be sure they are inconsistent as you believe and cannot be read to be consistent with each other. Take a negotiating posture in the meeting, show the landlord copies of the notices, explain your understanding, and ask for his. Also take to the meeting your deposit and payment records. Take notes of what he says.

If this doesn't work, either talk to an attorney or ignore him and wait for the small claims suit. Unless he's right, of course.

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Answered on 5/23/11, 8:51 am
Bryan Becker Becker Attorneys

Sounds like the landlord wanted to scare you into paying past due rent with an eviction notice and you actually moved out which was not his goal. You will have to review your lease (preferably with an attorney) to be clear as to what you are responsible for. Be careful when reviewing online information regarding terminating a tenancy because most info applies to residential and not commercial leases. The rule for commercial leases is importantly different in many areas, including termination.

If you would like to speak with an attorney regarding this, feel free to contact my office.

Regards,

Bryan Becker

877-201-8728

www.becker-attorney.com

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Answered on 5/23/11, 8:54 am

I agree with the previous answers. If you would like to arrange a consultation in my Oakland office to review your documentation, please give me a call or send an email.

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Answered on 5/23/11, 10:12 am
Bruce Beal Beal Business Law

Please see my blog entitled "Commercial Lessors", linked below, for possible application to your circumstances.

http://bealbusinesslaw.blogspot.com/

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Answered on 5/26/11, 12:15 pm


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