Legal Question in Landlord & Tenant Law in California

Hello, We are renting a commercial building in oakland ca.. This lady has become unbearable she trying to evict us on. she wants the rent on the first which legally i thought we had to the fifth.. on the 2nd her attorney is calling us.. she is trying to make us pay the larger portion of her pge bill and her users utilty tax is this legal? this also applies with the water, bill.


Asked on 9/20/10, 11:47 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

There is no law in California that gives a tenant - residential OR commercial - a grace period in which to pay their rent. If it's due on the first, then pay by the first, or it is late. That being said, however, often leases contain a three, five or seven day grace period. Read your lease, as that may be the only protection you have from her demanding payment by the first. If there is no grace period in your lease, or worse, you don't have a lease, then you need to get used to paying rent by no later than the first or she can give you notice, and evict you.

As for trying to make you pay a larger portion of the utilities, again, you must read your lease and determine what you agreed to pay. She cannot change the lease without giving you written notice, and in some instances, she cannot change the allocation of utilities contained in a lease. If you have no written lease, she can change it effectively to whatever she wants with a written notice. You have to forget everything you may know about residential leases, as commercial leases are completely different. The leasee in a commercial lease is pressumed to be a sophisticated business person, and as such, is protected by virtually no California law from what might otherwise seem to be abusive practices by landlords. You can, in a commercial lease, agree to some pretty amazingly unfair allocations of cost, and a court will generally uphold the landlord's position.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 9/27/10, 11:55 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California