Thirty Day Notice to Quit
My Company occupies a space in which the lease has expired. The landlord has accepted 2 holdover check amounts since. Yesterday, we were served with a Thirty Day Notice to Quit.
The problem is: Our Company can not move out until Sept 1.
There is a holdover clause in the old lease. The landlord wants us to sign a one year lease, which makes no business sense.
How long until they can lock us out of our current location? There are 30 employees relying on our operation. Please Help!!
Re: Thirty Day Notice to Quit
The mere existence of a holdover provision is not sufficient to trigger a new term under the lease. Some commercial leases have automatic renewal provisions; you might check yours to ascertain if this is the case.
If not, then the landlord is likely within its rights to serve a 30 day, but the terms of the lease and/or any addenda thereto may modify this right. You will need to have an attorney review the underlying documents to ensure that this is the case.
At any rate, you are talking about moving in less than 90 days. So try cutting a deal with the landlord. If landlord still won’t play ball, then if you want to get aggressive, you could stay in the unit past the expiration of the expiration of the 30 day, then force the landlord to sue for eviction. You then answer the eviction and try to drag it out for enough time to permit you to move. You may or may not be successful in this regard.
Hard to believe that your landlord could be so short-sighted, but I’ve certainly seen worse.
We are real estate litigators with extensive experience litigating commercial lease disputes. If you need us to review the underlying documents and provide an analysis for you at no charge, please email or mail them.
Good luck.
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Re: Thirty Day Notice to Quit
Just to add to Mr. Guerrini’s post, be careful about holding over, because there may be a term in the lease that requires you to pay twice the amount of rent for the period in which you are holding over. Be careful of this provision, because it will double your rent, or more. Good luck.
Philip Iadevaia
Law Offices of Philip A. Iadevaia
12100 Wilshire Blvd., Eighth Floor
Los Angeles, CA 90025