California: Commercial Landlord's Right to Evict and Tenants's right to stay
This is a cross post from r/RealEstate

&amp;#x200B;

Hi There

So my mom is in a situation where she purchased a restaurant early this year and recently the building got sold to someone and now she has a new landlord. Since the takeover my mom has been facing some issues with the landlord and the followings are the issues she has been facing.

It is a restaurant standalone building and 5 years lease contract signed, never once was late on rent payment and the restaurant revenue is great.

1. There was a problem with the sewage or something that made bad odor around the building, my understanding is that the tenant is supposed to handle this but my mom and the partner contacted the landlord about the issue and the landlord initially refused to fix it ofc and I understand that but the landlord fixed it without any further discussion and sent a repair bill to my mom and told her to pay up right away otherwise the landlord will lock the restaurant and start the eviction process.  
*- Is this legally possible? and what right does the tenant have in this case? The bill isn't from the repair company it is just a demand to pay for the cost from the landlord*
2. Now the new issue she is facing is that the landlord did some inspection around the building and found that there is a termite issue now, the landlord wants my mom to shut down the business for 3 days ( normal business hour is 7 days a week ). NOW otherwise the landlord again wants to proceed with eviction process for not following her order.
3. UPDATE: just found out that the initial issue with the repair bill has been handled like this.  
Total Bill: 11000.00 Mom Paid upfront: 5500.00 and the rest to be payable over 6 months.The landlord now is using that against my mom saying that she did the favor of allowing my mom to pay this over 6 months and that she better cooperate with the termite process, otherwise she wants the entire amount to be paid upfront or will start the eviction process.

I don't know much of real estate law and I am not in a position to step in to handle the issue myself especially not knowing exactly what rights both party has for this case.

I personally don't think that this landlord does not have the right to start the eviction for reasons above and I believe the landlord is taking advantage of my mom. However, I don't know any legal aspects of this situation so I can be totally wrong too..

I greatly appreciate your help in advance,
[{"id": "ecu2yal", "text": "What are you waiting for? Hire an attorney. ", "replies": [{"id": "edhkjks", "text": "I take it you don't have any experience with triple net leases?\n\nThey need to read the lease agreement.\n\n\n", "replies": [{"id": "edhyjhg", "text": "I have a lot of experience with triple net leases. And that's why I suggested an attorney. I'm not going to make conjectures about what's in that lease. They OBVIOUSLY need to read the lease agreement first. Because they didn't know to do that first, it's plain that they need hand holding: the type of handholding that would require someone to be familiar with the lease and to walk them through the issues in the lease. That's an attorney, not someone from the internet merely guessing what's in the lease. ", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "ecu3du5", "text": "None of these actions are legal in California. She should hire an attorney ASAP. ", "replies": [], "depth": 1}, {"id": "ecu46jg", "text": "What's the lease agreement say? You need to start there w/ an attny.", "replies": [], "depth": 1}, {"id": "ecu80tm", "text": "Nothing you are describing will get the Sheriff over there to evict her.  ", "replies": [], "depth": 1}, {"id": "ecuam9e", "text": "All going to depend on the lease contract. \n\nGenerally commercial leases are much different vs residential and could have a number of things in them. ", "replies": [], "depth": 1}, {"id": "ecukma7", "text": "Don't ask random internet people. Review the lease and hire an attorney. Unless someone reading this is a real estate attorney in California they're not qualified to answer these questions. ", "replies": [{"id": "edhktx1", "text": "Triple net lease. \n\nShe doesn't have any rights not explicitly stated in the lease agreement.", "replies": [], "depth": 2}], "depth": 1}, {"id": "ecw9306", "text": "The other answers here are not very informative. Your mom sounds like she has a Triple Net lease. NNN is what the landlords call them. That means your mom is on the hook for every expense associated with the property. Repair, upkeep, HVAC, parking, cleaning, property taxes, insurance, everything you can possibly think of. \n\nWith a triple net lease the landlord is correct that she's doing your mom a favor by letting her pay for repairs over 6 months. The rule generally is either the tenant fixes it correctly or the landlord fixes it for her and bills her for it, possibly with a handling charge. \n\nCommercial renting is not even close to residential. As a commercial renter you only have the rights agreed upon by the contract. The courts expect that commercial renters are smarter with more business savvy than someone renting a place to live.\n\nSorry, but depending on how much your mom wants to stay and how much the landlord wants to keep your mom as a renter, she's in for a rough patch.", "replies": [{"id": "ecxipd1", "text": "Thanks for your answers. I was looking for info like this.. as you can tell I am not involved with the business ( she doesn't talk much of the business and I don't ask until this time ) and it seems that my mom is being something like silent partner though she does go to the business and operate the business herself. She is not on any of the paper to this business and her partner is being stubborn about handling this matter or the business overall and refuse to share the lease contract and keep her out of the loop.   \n\n\nAnyway I appreciate your answer and I believe the contract is something close to what you just described.", "replies": [], "depth": 2}], "depth": 1}, {"id": "edhjvz3", "text": "Even though it is likely a triple net least and the tennet is 100% responsible for the up keep, the owner certainty wouldn't want a vacancy unless they have a better tennet lined up.\n\nIf the property is in a good location and the restaurant is paying under market rent then they will boot you for breaking contract.  \n\nAt a minimum expect a renegotiation for a rent increase.", "replies": [], "depth": 1}]