Commercial evictions can be different from residential evictions in many ways. One very important difference is that in a commercial eviction, a landlord may accept a partial rent payment after a Three Day Notice is served on a tenant and still continue with an unlawful detainer. However, the landlord must provide the tenant prior notice that acceptance of a partial rent payment will not constitute a landlord’s waiver to obtain possession.
Another very important distinction for a commercial eviction using a Three Day Notice is the use of a CCP Section 1161.1 notice that allows for an “estimated rent demand.” Under Section 1161.1, a Three Day Notice served on a commercial tenant for nonpayment of rent can state an estimated amount due as long as the amount is “reasonably estimated” and “clearly identified” by the notice. This important distinction for commercial tenancies allows for a Three Day Notice to be served when the actual rent is unknown, such as a percentage rent or when CAM charges are due as part of the rent.
It is important to distinguish commercial and residential evictions because in a residential eviction, a Three Day Notice must state the exact amount of rent due. Although in a commercial eviction, a Three Day Notice may state the exact amount due similar to a residential eviction, the Code of Civil Procedure also allows for a Three Day Notice demanding an “estimated rent demand.”
Attorney Anthony Marinaccio can provide guidance in a commercial eviction. Please contact me at (818) 839-5220 or at my website atwww.marinacciolaw.com.
