How to Evict a Tenant From a Commercial Building

Written by Larry Simmons; Updated December 15, 2018

Evicting a tenant from a commercial building can be a complicated process. Your rights as landlord are balanced by the tenant’s rights, with both having to be considered during the eviction process. Most evictions occur due to nonpayment of rent, but regardless of the reason, once you’ve chosen to proceed with the eviction you should follow through immediately. By strictly following California's landlord-tenant laws, you’ll open the space for use sooner and lose less money from having to deal long term with a problem tenant.

  1. Write a “three-day notice” to serve on the commercial tenant in an attempt to secure delinquent rent. Include in the notice the total amount due on the space, and inform the tenant that he has three days to pay in full or face eviction. Make sure that you include all tenants and subtenants in the notice and that the correct street address of the space is on the notice. Check the lease for the names of the tenants. The tenant has three full days, starting the day after serving the notice, to pay all rents due.

  2. Serve the tenant with the three-day notice at her place of business. Give the notice to the tenant personally, or to a corporate officer or manager at the place of business. Post the notice on the front door of the rental space, or give the notice to an adult at the property if the tenant is unavailable for service of the notice. Mail a copy to the tenant as well to ensure that you have given notice.

  3. Fill out a “proof of service” form to note the service date for your records. Obtain proof of service forms from an attorney’s office or by downloading the form from the Internet. During any court proceedings, this form can help prove that you served the notice.

  4. Wait the three days for payment before beginning the eviction process. Accept any partial payments rendered by the tenant, but inform the tenant in writing upon acceptance that by accepting the partial payment you do not waive your right to proceed with the eviction. If the tenant offers full payment, you must accept and cannot proceed with eviction due to nonpayment.

  5. Hire an attorney to file for eviction, also known as an unlawful detainer. Shop around for an attorney experienced in handling eviction cases and with whom you feel comfortable.

  6. Serve the tenant with the unlawful detainer notice.

  7. Wait five days after serving the tenant in person for the tenant to contest the eviction. If the tenant contests the eviction, it will proceed before the court. If the tenant does not contest, then you can ask the court for a judgment for possession. Once granted, the case goes to the sheriff’s office for tenant lockout.

  8. Wait for the eviction case to come before the court. Wait times will vary, depending on how soon an opening can be found on the court calendar. The tenant has a right to answer the complaint, stating a reason why the eviction should not go forward, and request a trial. In these cases, the court will set a trial date within 20 days of receiving the answer.

  9. Lock out the tenant by having the sheriff post a “five-day notice to vacate” on the commercial space’s front door. Wait the five-day period for the tenant to leave the premises. If the tenant remains, have the sheriff return to the space and physically place a lock on the door, completing the eviction process.

  10. Wait the 15 days allowable by law for the tenants to claim any possessions from the property if the sheriff completes a lockout. Mail a “notice of belief of abandonment” to the tenant’s address you have on record if the tenant leaves of his own accord. This notice gives the tenant 18 days to reclaim possession of his belongings, which you must store safely for him. Take a picture and inventory property before storing to prevent accusations of theft.

  11. Dispose of the tenant’s property after the waiting period if its value is $300 or less. Auction it through public sale if the value is greater than $300. Publish the auction information in a newspaper weekly for two weeks before the sale, and hold the auction after five days from the last published date.

About the Author

Larry Simmons


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