How to Start an Eviction for Commercial Non-Payment of Rent in California: Lessons from Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc.
Evicting a commercial tenant for non-payment of rent in California requires landlords to strictly comply with lease terms and statutory procedures. If a landlord fails to serve the notice correctly, the eviction case may be dismissed, forcing them to restart the process.
A prime example of this occurred in the case Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc., where the landlord’s failure to properly serve the notice resulted in the dismissal of the eviction lawsuit. This case underscores the importance of following lease-specific notice provisions and ensuring proper service of a Three-Day Notice to Pay Rent or Quit.
This article outlines the legal requirements for evicting a commercial tenant for non-payment of rent, including how to properly serve a Three-Day Notice to avoid costly legal missteps.
Step 1: Verify the Tenant’s Non-Payment of Rent
Before starting an eviction, a landlord must ensure:
- The tenant has failed to pay rent under the lease agreement.
- There are no outstanding agreements (such as rent deferral plans) preventing eviction.
- The notice only demands unpaid rent and does not include late fees, penalties, or other charges unless explicitly defined as “rent” in the lease.
A defective rent demand can void the eviction case, as seen in Culver Center Partners v. Baja Fresh, where the notice included additional charges beyond base rent.
Step 2: Draft a Legally Compliant Three-Day Notice to Pay Rent or Quit
California Law Requirements
Under California Code of Civil Procedure § 1161(2), a Three-Day Notice to Pay Rent or Quit must:
- Be in writing and correctly identify both parties.
- Demand only unpaid rent (no extra fees unless defined as rent in the lease).
- Provide three business days to pay or vacate (excluding weekends and holidays).
- State where and how payment can be made (include landlord’s name, address, and accepted payment methods).
Step 3: Properly Serve the Three-Day Notice to Avoid Defective Service
A major lesson from Culver Center v. Baja Fresh is that the method of serving the Three-Day Notice must follow the lease’s requirements. If the lease specifies a particular notice method, the landlord must strictly comply, or the eviction may be dismissed.
Contact our office to prepare and serve a valid three day notice for a low fee!
How Culver Center Partners v. Baja Fresh Illustrates Defective Service
In Culver Center v. Baja Fresh, the landlord attempted to serve the notice in multiple ways, including:
- Emailing the notice to the tenant’s leasing manager.
- Faxing and mailing the notice to a different address.
- Leaving a copy with a restaurant manager.
However, the lease required notices to be sent to a specific address. Because the landlord failed to send the notice to that address, the court ruled that service was defective, and the eviction lawsuit was dismissed.
Key Lessons from This Case
- If the lease requires service by certified mail, personal delivery, or to a specific address, the landlord must follow those terms exactly.
- Even if the tenant actually receives the notice, improper service makes the eviction unenforceable.
- A properly served notice is a prerequisite to filing an eviction lawsuit.
Step 4: File an Unlawful Detainer (Eviction) Lawsuit
If the tenant does not pay rent or vacate within three business days:
- File a Complaint for Unlawful Detainer in the Superior Court where the property is located.
- Serve the tenant with the lawsuit papers (this must be done by a process server or sheriff).
- Tenant’s Response:
- If the tenant does not respond within five business days, the landlord can request a default judgment.
- If the tenant contests the eviction, a court hearing or trial will be scheduled.
Step 5: Obtain a Writ of Possession and Remove the Tenant
If the court rules in favor of the landlord:
- The landlord can request a Writ of Possession, allowing the sheriff to remove the tenant.
- The sheriff will serve a five-day notice to vacate before enforcement.
Avoiding Mistakes That Can Invalidate an Eviction
- Follow the Lease’s Notice Requirements. If the lease requires a specific method of notice service, landlords must comply. (Culver Center v. Baja Fresh).
- Serve the Notice Properly. Defective service (such as failing to send notice to the correct address) can void an eviction.
- Only Demand Rent, Not Extra Fees. Courts have dismissed eviction cases where landlords included late fees or other charges not defined as rent.
- File the Lawsuit Only After the Notice Period Ends. Filing too early can result in case dismissal.
Conclusion
The case Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. highlights the strict procedural rules that landlords must follow when evicting a commercial tenant for non-payment of rent. Even though the tenant received the notice, the landlord’s failure to comply with the lease’s notice requirements led to dismissal of the case.
To avoid costly delays and legal setbacks, landlords should:
✔ Carefully draft the Three-Day Notice in compliance with California law and lease terms.
✔ Ensure proper service by following both statutory rules and lease-specific requirements.
✔ Consult a real estate attorney if unsure about the proper eviction process.
By strictly complying with lease terms and serving notices correctly, landlords can successfully evict non-paying commercial tenants without unnecessary legal obstacles.
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