Evicting a commercial tenant in California isn’t as simple as serving a notice and changing the locks. New laws—AB 2347 and SB 1103—took effect on January 1, 2025, and the rules have changed. Landlords must follow updated legal steps or risk delays, court setbacks, or legal exposure.
Do you own or manage office, retail, or industrial buildings in the greater Los Angeles area? Stay up-to-date on the current commercial tenant eviction process in California, and learn how an experienced real estate attorney can help you stay compliant while avoiding costly mistakes.
Legal Grounds for Commercial Eviction in California
You can start the eviction process when a tenant breaches the lease or fails to meet their legal obligations. Common reasons include:
- Nonpayment of rent. If your tenant misses rent payments, you have the right to serve notice and pursue eviction through the courts.
- Lease violations. Whether they’re using the space for something unauthorized, causing damage, or ignoring other lease terms, these violations give you grounds to act.
- Holding over. When a commercial lease ends and the tenant refuses to leave, they become a holdover tenant. You can file for eviction to regain control of the space.
- Illegal activity. If a tenant uses the property for unlawful purposes—like selling unlicensed goods, running a business without permits, or engaging in fraud—you can begin a commercial building eviction.
Business property renters have several commercial tenant protections that limit how and when you can pursue eviction. You must meet strict notice and court filing procedures to move forward lawfully.
Step-by-Step: How To Evict a Commercial Tenant in California
Evicting a commercial tenant requires careful attention to legal procedure at every stage. Below is a step-by-step look at how it works in California, from notice to lockout:
1. Serve the Proper Notice
Eviction begins with delivering a written notice to the tenant. The type depends on the reason for the eviction:
- 3-Day Notice to Pay Rent or Quit. Used when the tenant fails to pay rent.
- 3-Day Notice to Cure or Quit. For curable or “fixable” lease violations, such as operating outside business hours.
- 3-Day Notice to Quit. For serious or non-curable breaches, such as illegal use of the premises.
- Notice to Terminate Tenancy. File a 30-Day Notice for month-to-month commercial leases or a 60-Day Notice if the tenant has occupied the space for more than a year.
Include the tenant’s name, property address, reason for termination, and the exact number of days to comply—or the notice may be thrown out in court.
2. File an Unlawful Detainer
If the tenant doesn’t comply with the notice, the next step is to file an unlawful detainer for commercial buildings. This is a legal complaint requesting the court to order the tenant to leave and allow the landlord to reclaim possession.
You must:
- Submit the paperwork to the appropriate court.
- Serve the tenant using an approved method, such as personal delivery or substituted service.
- Wait for a response—CCP 1167 (formerly AB 2347) changed this from 5 to 10 court days if notices are served by mail.
You must follow pre-filing steps under SB 1103 (reflected in CIV 1632), like providing a written summary of the tenant’s lease violation and their legal rights. If you don’t, it could delay or derail your case.
3. Prepare for Court
You must present clear evidence and follow courtroom procedure to win your case. You must prove:
- You served the correct notice.
- The tenant violated the lease.
- You followed the legal process properly.
A qualified commercial eviction attorney can help you build a stronger case, avoid procedural errors, and represent your interests effectively in court.
4. Judgment and Writ of Possession
The eviction enters the enforcement stage once the court rules in your favor. At this point:
- The court issues a Judgment of Possession.
- The court provides a Writ of Execution authorizing removal.
- The sheriff serves a 5-day notice to vacate.
- If the tenant stays past the deadline, the sheriff performs a physical lockout.
Don’t attempt to remove the tenant yourself—only the sheriff has legal authority to carry out the eviction.
Avoiding Common Mistakes and Legal Risks
Even if you have a solid reason to evict, mistakes in the process can put you at legal risk. Here are some of the most common issues that trip up commercial landlords:
Illegal Lockouts
Don’t change the locks, shut off utilities, or remove tenant property without a court order. Under California law, these actions count as a self-help eviction, and tenants can sue you for damages, including attorney fees.
Accepting Partial Rent After Notice
If you accept even one partial rent payment after serving a notice to quit, you could accidentally restart the tenancy or waive your right to proceed with eviction. Always check with your attorney before accepting payment after notice is served.
Constructive Eviction
If you make the space unusable by cutting off access, delaying repairs, or disrupting business operations, the tenant may claim constructive eviction and walk away from the lease. You could be held responsible for damages or lost income.
Lack of Documentation
If your case ends up in court, you need proof of all the steps you’ve taken for eviction. Keep organized records, including:
- The signed lease agreement
- Rent payment history
- Copies of all notices and proof of service
- Photos, video, or written logs of violations
- Emails or letters between you and the tenant
These records help support your case and protect you from lease disputes or claims of harassment, discrimination, or retaliation.
Compliance Tips for Landlords
To protect your rights and avoid legal setbacks, keep these best practices in mind:
- Use a registered process server. A third-party server helps you document service properly and avoid disputes about notice delivery.
- Review lease terms regularly. Make sure your lease reflects current California law and includes clear language on breach, remedies, and termination.
- Avoid emotional decisions. Frustration with a tenant can lead to rushed actions that hurt your case. Follow your attorney’s advice.
Even with best practices, having legal support can clarify your options and strengthen your position when issues escalate or the case becomes contested.
Why Commercial Evictions Require Legal Support
Commercial eviction is technical, time-sensitive, and regulated. While it may seem like a straightforward issue, every misstep can delay the process or result in legal exposure.
A skilled real estate law firm helps:
- Assess whether eviction is the right next step.
- Serve notices and file court documents properly.
- Represent you in court if the tenant contests the eviction.
- Respond to tenant defenses, delays, or counterclaims.
At Marinaccio Law, we work directly with landlords to manage each phase of the eviction process clearly, efficiently, and in full compliance with California law.
Talk to a Commercial Eviction Attorney Today
Whether you’re dealing with nonpayment, lease violations, or a contested case, the commercial eviction process in California leaves little room for error, especially with the latest legal changes now in effect.
At Marinaccio Law, we help property owners and managers protect their investments and navigate each step of the eviction process with legal clarity. From reviewing your lease to representing you in court, we ensure the process is handled correctly.
Schedule a consultation today to discuss your situation and get strategic guidance tailored to your property and goals.
