If the landlord provides insufficient notice, it will lose the case. Many practitioners believe that before filing an unlawful detainer action, the landlord must serve a “three day notice.” While notice is required, many commercial leases provide various notice requirements, depending on the tenant’s breach. Not All Notices to Terminate Are Created Equally If a landlord wants to pursue a claim for damages unrelated to the unlawful detention ( e.g., property damage the tenant causes), the landlord must file a separate lawsuit. When a landlord proceeds by way of unlawful detainer (versus a traditional breach of contract claim or other theory), the landlord cannot pursue “damages.” Instead, the landlord can pursue its right to possession of the property and incidental damages resulting from the tenant’s unlawful detention. Under the California Rules of Court, the goal is to set these cases for trial within 30 days of filing. While parties can conduct discovery, they typically do not have the luxury of propounding detailed written discovery requests or taking multiple depositions because unlawful detainer actions typically get tried within a few months of filing. Cross-complaints (and affirmative defenses unrelated to the issue of possession) are not permitted. After criminal cases, unlawful detainer actions get priority. Unlawful detainer is the primary method landlords use to evict tenants for nonpayment of rent or other material breaches of a lease. Traps In A Commercial Unlawful Detainer Caseīy Mark B.
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