Unlawful Detainer Lawyer

Protecting Landlords During Commercial Evictions in California

Eviction is never easy, especially when commercial tenants fail to comply with the terms of their lease. When that happens, landlords may be forced to take legal action through an unlawful detainer lawsuit. At Tomassian, Pimentel & Shapazian, our team represents commercial landlords across California, guiding them through every stage of the eviction process while ensuring compliance with all applicable laws and lease terms.

Unlawful detainer actions are a legal remedy designed to help landlords regain possession of their property when a tenant refuses to vacate voluntarily. These lawsuits allow property owners to take swift action and protect their commercial interests when lease violations occur.

What Is an Unlawful Detainer?

An unlawful detainer is a legal action that allows a landlord to recover possession of leased property from a tenant who refuses to leave after breaching the lease. In California, commercial unlawful detainer actions are governed by contract law, rather than the tenant protection statutes that apply to residential tenants.

Unlawful detainer lawsuits can be filed when a tenant fails to pay rent, violates the lease agreement, uses the premises illegally, or refuses to vacate after the lease term ends. Unlike residential evictions, commercial unlawful detainer lawsuits offer fewer tenant defenses and generally move more quickly through the court system.

What Are Common Reasons for Filing a Commercial Unlawful Detainer Lawsuit?

Landlords may need to initiate eviction proceedings for a variety of reasons:

Failure to pay rent or habitual late payment
Breaches of lease terms, such as unauthorized use or subletting
Illegal use of the premises
Holding over after lease expiration
Refusal to vacate despite lease termination

In California, commercial tenants have fewer protections than residential tenants. There is no implied warranty of habitability, no legal right to repair and deduct, and no defense of retaliatory eviction. If a tenant fails to meet their obligations, the landlord can file an unlawful detainer complaint without the same procedural hurdles present in residential tenancies.

What is the Commercial Eviction Process in California?

The eviction process begins with a three-day notice to the commercial tenant. This notice must clearly state the reason for eviction, typically for unpaid rent, lease violations, or illegal use of the premises. The notice also informs the tenant of the landlord’s intent to take legal action.

Key Steps in the Process:

Serve the Three-Day Notice to Pay Rent or Quit
- Required for nonpayment of rent or lease breaches
- Must comply with California law
File an Unlawful Detainer Complaint
- If the tenant fails to comply with the notice, landlords can file an unlawful detainer lawsuit
- The court requires proper service of summons and complaint
Tenant’s Written Response
- Tenants have ten days to file a response
- If no response is filed, the landlord may request a default judgment
Court Hearing or Trial Date
- If the tenant contests the complaint, the court sets a trial date, usually within 20 days
Judgment and Writ of Possession
- If the landlord prevails, the court will issue a writ of possession
- Law enforcement may physically remove the tenant

What Happens After a Writ of Possession Is Issued?

Once the court enters judgment in the landlord’s favor in an unlawful detainer lawsuit, the next critical step is obtaining a writ of possession. This document authorizes the sheriff or other designated law enforcement to physically remove the tenant from the premises if they do not vacate voluntarily within the designated time frame. In most cases, the tenant will receive a notice from the sheriff giving them five days to leave the property.

If the tenant fails to leave after this period, law enforcement may proceed with the eviction. Landlords should avoid attempting to forcibly remove the tenant on their own, as this can violate California’s eviction laws and result in legal penalties. Only the sheriff has the authority to enforce the writ.

At this stage, landlords may also be eligible to recover attorney fees, court costs, and unpaid rent, depending on the language of the lease agreement and the court’s ruling. A seasoned commercial unlawful detainer lawyer can assist with enforcing the judgment and ensuring the landlord’s rights are upheld post-eviction.

Understanding your rights and responsibilities after a judgment is key to completing the eviction process correctly and protecting your property investment. Need an experienced unlawful detainer attorney? Call 559-545-0383 to speak with a Tomassian, Pimentel & Shapazian commercial lease attorney.

Why Do You Need a Commercial Eviction Lawyer?

Commercial eviction proceedings involve strict timelines and complex documentation. A commercial unlawful detainer lawyer ensures that landlords meet legal requirements, avoid costly delays, and present a strong case in court.

Legal representation is especially valuable when:

The tenant contests the eviction
The lease agreement includes unusual terms
The landlord has accepted partial rent after notice
The property involves multiple commercial tenants
The tenant claims retaliatory motives or seeks a jury trial

Our law firm helps commercial landlords ensure compliance with California law, prepare legal documents, and navigate eviction-related court proceedings. From the initial notice to the final writ of possession, Tomassian, Pimentel & Shapazian is here to protect your business interests.

What Is the Legal Landscape for Commercial Landlords?

Commercial lease agreements are governed by different legal standards than residential leases. California law presumes that commercial landlords and tenants negotiate terms more freely and require less statutory protection.

Important Legal Distinctions:

No implied warranty of habitability
No retaliatory eviction defense
No implied covenant of quiet enjoyment in unlawful detainer actions
No repair and deduct remedy

Because the law favors contractual terms, the lease agreement must be clear and comprehensive. Our attorneys can assist in reviewing commercial lease agreements and identifying potential risks before disputes arise.

Challenges That Can Delay Evictions

Commercial evictions in California are usually faster than residential evictions, but they can still encounter delays if:

The tenant contests the eviction or requests a jury trial
The notice was not properly served
The tenant files a cross-complaint related to the lease dispute
One party seeks to delay eviction through procedural tactics

Having a talented commercial unlawful detainer lawyer on your side can help you avoid these pitfalls and keep the eviction timeline on track.

What Are Commercial Tenants’ Limited Defenses?

In most cases, commercial tenants cannot use common residential defenses in eviction proceedings. California courts do not recognize the following as valid defenses in commercial unlawful detainer actions:

Implied warranty of habitability
Rent abatement
Retaliatory eviction
Landlord’s duty to repair, unless stated in the lease

This makes it easier for commercial landlords to enforce lease terms and regain possession of the premises. Working with an unlawful detainer attorney can help you get your property back under your control so you can find a tenant who actually wants to abide by the terms of the lease.

Which Lease Terms Affect Evictions?

Many disputes arise from vague or poorly drafted lease provisions. Specific lease language can determine whether a commercial landlord can pursue eviction or collect attorney fees.

Key provisions that impact commercial evictions:

Rent due dates and late fees
Maintenance responsibilities
Use restrictions and prohibited activities
Attorney fees and legal costs
Stipulated judgment clauses
Notice requirements

Reviewing a lease with a commercial eviction lawyer before initiating legal action is always recommended.

Are You Ready To Take Your Commercial Property Back?

Tomassian, Pimentel & Shapazian represents commercial landlords in Los Angeles, Southern California, and beyond. Our attorneys understand the urgency of reclaiming commercial properties and protecting your business interests.

We’ve helped landlords handle unlawful detainer actions involving:

Office buildings
Retail stores
Industrial properties
Mixed-use spaces

Whether you’re dealing with past-due rent, lease expiration, or a complex commercial lease dispute, we are here to protect your rights and your property. Don’t wait, letting costs pile up while you deal with negligent commercial tenants.

Let Our Law Firm Guide You Through the Unlawful Detainer Process

At Tomassian, Pimentel & Shapazian, we provide strategic legal action to help landlords regain possession of their property and resolve commercial lease disputes efficiently. With deep knowledge of California law, our team ensures full compliance throughout the eviction process.

We offer:

Drafting and serving three-day notices
Filing and managing unlawful detainer complaints
Representing landlords at court hearings and trial dates
Requesting and enforcing writs of possession
Recovering attorney fees where applicable

If you’re a commercial landlord facing challenges with a tenant who refuses to vacate or pay rent, don’t wait. Contact our law firm today for a consultation by calling 559-545-0383.