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    starter1's Avatar
    starter1 Posts: 7, Reputation: 1
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    #1

    Jul 1, 2010, 11:51 PM
    Tenant rights termination of leases
    I have leased a business office in California. The landlord wants me to sign an updated lease agreement which does not specify the length of the term of the lease.. . Previously it was month to month. That section is left blank. I do not like leaving blanks on a contract.
    What really concerns me is that if the rent is late five days, the lease agreement specifically states that the landlord can terminate the lease with 3 days notice and take possession of the equipment and possession of Tenant.
    I have never been even one day late on the rent; however, if something should happen.. . Car accident, illness, hospitalization.. . I could lose everything in my office--furniture, equipment, etc. after eight days according to this. I been leasing office space for over 10 years with other landlords, and I have never seen anything like this. My customer records are the property of the corporate office; and I am extremely worried about signing something like this. Does this violate any California tenant rights law?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jul 2, 2010, 06:28 AM
    There are very few laws concerning commercial leases. Tenants' rights laws apply to residential leases. With a commercial lease all of the tenant's rights are spelled out within the lease.

    Try speaking to the landlord about your concerns. Ask them to put "month-to-month" in the term section. And typically I've seen in commercial leases that there is a late charge if rent is not paid within 5 days but that the landlord cannot declare the lease in default (termination and taking possession of equipment) until 30 days after non-payment. See if they'll do that.
    starter1's Avatar
    starter1 Posts: 7, Reputation: 1
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    #3

    Jul 5, 2010, 02:29 PM
    Comment on LisaB4657's post
    Thank you for the information. As part of the new commercial lease terms, the landlord also wants the tenant to assume all responsibility for paying for ALL repairs for wiring, plumbing, heating, air conditioning, all equipment and anything that req
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Jul 5, 2010, 04:11 PM
    Thank you for the information. As part of the new commercial lease terms, the landlord also wants the tenant to assume all responsibility for paying for ALL repairs for wiring, plumbing, heating, air conditioning, all equipment and anything that req
    Please send this info as a follow-up to this thread. I wasn't able to see all of it and it's difficult to reply.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 5, 2010, 04:18 PM

    There is some confusion for new members on how to post a follow-up. Please use the Answer This Questions options, not the Comments feature.

    As noted, commercial leases are a matter of negotiation between the landlord and the tenant. If you are not comfortable with the provisions of the lease, then tell the landlord that you want changes. Just be prepared to vacate if he doesn't go along.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #6

    Jul 5, 2010, 04:27 PM

    I have seen this in commercial leases "the lease agreement specifically states that the landlord can terminate the lease with 3 days notice and take posession of the equipment and possession of Tenant.
    " The owners other requests are not totally uncommon but it looks like a big change to what you have had in the past. Like others have said this is his "wish" and you can try to negotiate a better deal for yourself. Not sure of the nature of your business but I'd be shopping.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jul 5, 2010, 04:39 PM

    Leases like any business issue can be negotiated. Tell them the terms you want and if you can't agree you always have the option to move.

    The landlord can request you move if you are on a month to month lease. Next never sign anything with "blanks"
    starter1's Avatar
    starter1 Posts: 7, Reputation: 1
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    #8

    Jul 9, 2010, 11:00 PM
    Comment on LisaB4657's post
    The landlord also want the tenant to assume all responsibility for paying all the repairs for wiring, plumbing, heating, air conditioning, all equipment and anything that requires repair. That is the equivalent of asking me to write a blank check. There

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