Legal Question in Landlord & Tenant Law in California

My friend, Ms. SF, signed a 5-year "commercial lease" with Mr. RC, to rent from him the restaurant portion of a building housing a restaurant and bar so that she could operate it as a small-business venture. RC has a master lease for the entire building from Ms. AM, the property owner. AM states orally that RC does not have permission to sublease the premises, but nevertheless, AM also states that she would rather rent to SF than to RC. After a year and a half, RC seeks to break the lease and has served papers on SF for unlawful detainer. Without going into the merits of his case, the question is: Can RC file for eviction against SF or must he get the permission of AM to do so?

Asked on 6/25/10, 11:30 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The relationship between RC and SF is landlord tenant, so RC has to file for unlawful detainer if he wants her out. Permission from AM is not needed.

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Answered on 6/26/10, 6:52 am
Timothy McCormick Schneider, Holtz & Hutchison

Mr. Shers is exactly right. SF should begin negotiation with AM to lease directly.

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Answered on 6/26/10, 9:11 am

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