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What are the rights of commercial tenants in California?

California law heavily favors residential tenants, but when it comes to commercial tenants, few legal protections exist. If you are one of the many renters of commercial space in the Golden State, it is important that you understand what rights you do have so that you can protect yourself should issues with the landlord arise. According to SFGate, residential tenants in California have the right to a livable space that is free of hazards and that includes working lights, electricity, plumbing and heating. Commercial tenants, on the other hand, have no such rights. Your landlord has no obligation to make repairs unless the lease specifically says he or she will. Even then, he or she does not have to make the repairs promptly, and you cannot hold him or her accountable for any liability associated with your business. Per California law, residential landlords cannot raise the rent on tenants unless they give tenants a 30- to 60-day advance notice. This is true even with month-to-month rental agreements. Again, commercial tenants do not have that protection. Your landlord can raise the rent on you at any time, unless the lease has stipulations saying otherwise. Your rights are minimal as a commercial tenant. For this reason, SFGate recommends writing whatever rights you do want into the lease. Go over the lease carefully, and have a knowledgeable third party, such as a lawyer or real-estate advisor, review it. If you want to enjoy certain protections, make sure to write them into the lease, as verbal agreements are difficult to enforce. This article is not meant to serve as legal advice. It is for educational purposes only.

What are the rights of commercial tenants in California?

California law heavily favors residential tenants, but when it comes to commercial tenants, few legal protections exist. If you are one of the many renters of commercial space in the Golden State, it is important that you understand what rights you do have so that you can protect yourself should issues with the landlord arise. According to SFGate, residential tenants in California have the right to a livable space that is free of hazards and that includes working lights, electricity, plumbing and heating. Commercial tenants, on the other hand, have no such rights. Your landlord has no obligation to make repairs unless the lease specifically says he or she will. Even then, he or she does not have to make the repairs promptly, and you cannot hold him or her accountable for any liability associated with your business. Per California law, residential landlords cannot raise the rent on tenants unless they give tenants a 30- to 60-day advance notice. This is true even with month-to-month rental agreements. Again, commercial tenants do not have that protection. Your landlord can raise the rent on you at any time, unless the lease has stipulations saying otherwise. Your rights are minimal as a commercial tenant. For this reason, SFGate recommends writing whatever rights you do want into the lease. Go over the lease carefully, and have a knowledgeable third party, such as a lawyer or real-estate advisor, review it. If you want to enjoy certain protections, make sure to write them into the lease, as verbal agreements are difficult to enforce. This article is not meant to serve as legal advice. It is for educational purposes only.

What are CA’s disclosure requirements for commercial properties?

The disclosure laws in California vary, and to which a property owner must adhere depends on several factors, including the type of property in question and whether the property owner wishes to lease or sell. Moreover, the state treats leases with an option to purchase and ground leases as sales transactions, which further affects disclosure requirements. For yours and other realtors’ convenience, the California Association of Realtors details disclosure requirements for commercial transactions via a chart. If you own a commercial property built prior to 1979, you must reveal to tenants the contents of an asbestos report. If the building does contain asbestos-containing materials, you must inform tenants of the location of the materials and educate them on how to prevent or minimize release, disturbance or exposure. As a commercial property owner, you must also state on every lease whether or not a Certified Access Specialist has inspected your property and, if so, whether the property meets all relevant construction-related accessibility standards for the disabled. If there is no CASp report, you must indicate this in the lease. If there is such a report, you must deliver it to the prospective tenant 48 hours in advance of execution of the lease. Otherwise, the tenant has the right to cancel the lease within 72 hours of execution. When it comes to material facts, you must only disclose a condition if it is “dangerous.” The courts may consider your failure to do so as fraud. You also have the duty to reveal to future tenants whether past tenants used chemicals known to cause birth defects, cancer or other reproductive harm in the building. If so, you must post a list of the chemicals and the harms they cause for future building occupants to see. Though not a disclosure requirement, California law requires you to equip your commercial properties with water-conserving plumbing systems prior to leasing them. You must also ensure that your building has enough fire alarms to comply with building and safety codes. This article is for educational purposes only. It should not be used as legal advice.

What are CA’s disclosure requirements for commercial properties?

The disclosure laws in California vary, and to which a property owner must adhere depends on several factors, including the type of property in question and whether the property owner wishes to lease or sell. Moreover, the state treats leases with an option to purchase and ground leases as sales transactions, which further affects disclosure requirements. For yours and other realtors’ convenience, the California Association of Realtors details disclosure requirements for commercial transactions via a chart. If you own a commercial property built prior to 1979, you must reveal to tenants the contents of an asbestos report. If the building does contain asbestos-containing materials, you must inform tenants of the location of the materials and educate them on how to prevent or minimize release, disturbance or exposure. As a commercial property owner, you must also state on every lease whether or not a Certified Access Specialist has inspected your property and, if so, whether the property meets all relevant construction-related accessibility standards for the disabled. If there is no CASp report, you must indicate this in the lease. If there is such a report, you must deliver it to the prospective tenant 48 hours in advance of execution of the lease. Otherwise, the tenant has the right to cancel the lease within 72 hours of execution. When it comes to material facts, you must only disclose a condition if it is “dangerous.” The courts may consider your failure to do so as fraud. You also have the duty to reveal to future tenants whether past tenants used chemicals known to cause birth defects, cancer or other reproductive harm in the building. If so, you must post a list of the chemicals and the harms they cause for future building occupants to see. Though not a disclosure requirement, California law requires you to equip your commercial properties with water-conserving plumbing systems prior to leasing them. You must also ensure that your building has enough fire alarms to comply with building and safety codes. This article is for educational purposes only. It should not be used as legal advice.

How do you evict a commercial tenant for nonpayment of rent?

Evicting a commercial tenant for nonpayment of rent in California is not an easy process, as California laws heavily favor tenants. However, though difficult, eviction is not impossible. By adhering strictly to the state’s eviction laws and procedures, which SFGate lays out for your convenience, you can free up the space for use sooner and lose less money in doing so. To begin the eviction process, draft a three-day notice. This notice informs the tenant that he or she has three-days to pay the past due amount or face eviction. Serve the notice to the tenant at his or her place of business. Next, fill out a “proof of service” form to indicate the date of service for your records. Wait for three days for the tenant to pay the past-due rent. If the tenant makes any partial payments, accept the money but be sure to inform the tenant, in writing, that your acceptance of partial payments does not waive your right to evict him or her. If the tenant makes a full payment within the three-day grace period, you lose your right to evict him or her for nonpayment. If the tenant does not pay but refuses to leave, hire an attorney. An attorney will help you draft and serve an unlawful detainer notice. Upon receipt of the notice, the tenant has five days to contest the eviction. If the tenant contests the proceedings, your case will go to court. If the tenant does not contest the proceedings, you can appeal to the court for a judgment for possession. If the court grants you the judgment, a sheriff will perform a tenant lockout. The sheriff will post a “five-day notice to vacate” to the front door. The tenant must leave the premises within that five-day period. If he or she does not, the sheriff will lock the door, thereby completing the eviction process. The tenant has 15 days from the date of lockout to reclaim his or her possessions, or 18 if he or she left of his or her own accord. For your records, make sure you mail a “notice of belief of abandonment” to the tenant’s last-known address. If the tenant does not collect his or her belongings, dispose of them if the total value is $300 or less. If the total value is greater than $300, auction the property through public sale. If you hold an auction, you must publish the auction information in a local newspaper for two weeks prior to the sale. You can hold the auction five days after the last published date. This article is for educational purposes only. You should not use it as legal advice.

How do you evict a commercial tenant for nonpayment of rent?

Evicting a commercial tenant for nonpayment of rent in California is not an easy process, as California laws heavily favor tenants. However, though difficult, eviction is not impossible. By adhering strictly to the state’s eviction laws and procedures, which SFGate lays out for your convenience, you can free up the space for use sooner and lose less money in doing so. To begin the eviction process, draft a three-day notice. This notice informs the tenant that he or she has three-days to pay the past due amount or face eviction. Serve the notice to the tenant at his or her place of business. Next, fill out a “proof of service” form to indicate the date of service for your records. Wait for three days for the tenant to pay the past-due rent. If the tenant makes any partial payments, accept the money but be sure to inform the tenant, in writing, that your acceptance of partial payments does not waive your right to evict him or her. If the tenant makes a full payment within the three-day grace period, you lose your right to evict him or her for nonpayment. If the tenant does not pay but refuses to leave, hire an attorney. An attorney will help you draft and serve an unlawful detainer notice. Upon receipt of the notice, the tenant has five days to contest the eviction. If the tenant contests the proceedings, your case will go to court. If the tenant does not contest the proceedings, you can appeal to the court for a judgment for possession. If the court grants you the judgment, a sheriff will perform a tenant lockout. The sheriff will post a “five-day notice to vacate” to the front door. The tenant must leave the premises within that five-day period. If he or she does not, the sheriff will lock the door, thereby completing the eviction process. The tenant has 15 days from the date of lockout to reclaim his or her possessions, or 18 if he or she left of his or her own accord. For your records, make sure you mail a “notice of belief of abandonment” to the tenant’s last-known address. If the tenant does not collect his or her belongings, dispose of them if the total value is $300 or less. If the total value is greater than $300, auction the property through public sale. If you hold an auction, you must publish the auction information in a local newspaper for two weeks prior to the sale. You can hold the auction five days after the last published date. This article is for educational purposes only. You should not use it as legal advice.

Bank not always needed to buy property with commercial leases

Some banks in the Los Angeles area and other parts of the United States currently have concerns about the state of the economy, and for this reason, they are not eager to lend money to investors. This has created new opportunities for alternative lenders to step in and meet the needs of investors who need capital to purchase properties featuring commercial leases. In fact, these lenders have already raised significant amounts of capital for secondary real estate financing. Banks remain wary of financing non-residential real estate, even though more than 10 years have passed since the Great Recession of 2008. These institutions are especially cautious about financing new construction. This has caused more developers to become lenders themselves, essentially acting as shadow banks. These alternative lenders usually have staffs that include commercial real estate experts — for example, institutional investors with global experience. The benefit of using these lenders is that they understand commercial development’s complexities. In addition, they tend to provide much better terms than a traditional lender does, and they also do not face as many regulatory restrictions as banks do. For instance, whereas a bank might refuse to go above a loan-to-value, or LTV, ratio of 60%, an alternative lender may be okay with an LTV ratio of 80%. Whether an investor uses a traditional lender or an alternative lender to finance a property with commercial leases, the process of buying real estate can no doubt be daunting. In addition to dealing with the financial aspect of the deal, an investor must also navigate its legal components. Fortunately, an attorney can help to make sure that the investor’s rights are protected and that his or her best interests are upheld during such a transaction in Los Angeles.

Bank not always needed to buy property with commercial leases

Some banks in the Los Angeles area and other parts of the United States currently have concerns about the state of the economy, and for this reason, they are not eager to lend money to investors. This has created new opportunities for alternative lenders to step in and meet the needs of investors who need capital to purchase properties featuring commercial leases. In fact, these lenders have already raised significant amounts of capital for secondary real estate financing. Banks remain wary of financing non-residential real estate, even though more than 10 years have passed since the Great Recession of 2008. These institutions are especially cautious about financing new construction. This has caused more developers to become lenders themselves, essentially acting as shadow banks. These alternative lenders usually have staffs that include commercial real estate experts — for example, institutional investors with global experience. The benefit of using these lenders is that they understand commercial development’s complexities. In addition, they tend to provide much better terms than a traditional lender does, and they also do not face as many regulatory restrictions as banks do. For instance, whereas a bank might refuse to go above a loan-to-value, or LTV, ratio of 60%, an alternative lender may be okay with an LTV ratio of 80%. Whether an investor uses a traditional lender or an alternative lender to finance a property with commercial leases, the process of buying real estate can no doubt be daunting. In addition to dealing with the financial aspect of the deal, an investor must also navigate its legal components. Fortunately, an attorney can help to make sure that the investor’s rights are protected and that his or her best interests are upheld during such a transaction in Los Angeles.

Green tech impacting properties with commercial leases

Many industries in Los Angeles and other parts of the country are increasingly focused on being environmentally friendly. Commercial real estate is no exception. For this reason, it is reasonable for investors to expect the market for properties featuring commercial leases to incorporate green technologies now and in the future. The benefit of green technologies is that they drive cost savings for buildings on utility bills and also promote energy efficiency. They also help with conserving resources. However, in addition to lowering operating costs and saving on capital expenditures in the future, green technologies draw business leaders as well as workers who are passionate about the earth. It is for these reasons that green technologies are becoming increasingly in demand in various types of real estate, including multi-family, office, retail and industrial buildings An example is light-emitting diode lighting. Other examples include motion sensors as well as floor plans that maximize natural light. A large amount of new commercial real estate construction is also certified by Leadership in Energy and Environmental Design, or it at least aligns with these increasingly popular green standards. The fact that the industry for properties featuring commercial leases is constantly evolving can certainly be exciting for investors in the Golden State. At the same time, it can make investing in this field tricky and even overwhelming. Fortunately, an attorney in Los Angeles can help investors to confidently navigate the legal side of their real estate transactions, making sure that their rights are preserved during their transactions.

Green tech impacting properties with commercial leases

Many industries in Los Angeles and other parts of the country are increasingly focused on being environmentally friendly. Commercial real estate is no exception. For this reason, it is reasonable for investors to expect the market for properties featuring commercial leases to incorporate green technologies now and in the future. The benefit of green technologies is that they drive cost savings for buildings on utility bills and also promote energy efficiency. They also help with conserving resources. However, in addition to lowering operating costs and saving on capital expenditures in the future, green technologies draw business leaders as well as workers who are passionate about the earth. It is for these reasons that green technologies are becoming increasingly in demand in various types of real estate, including multi-family, office, retail and industrial buildings An example is light-emitting diode lighting. Other examples include motion sensors as well as floor plans that maximize natural light. A large amount of new commercial real estate construction is also certified by Leadership in Energy and Environmental Design, or it at least aligns with these increasingly popular green standards. The fact that the industry for properties featuring commercial leases is constantly evolving can certainly be exciting for investors in the Golden State. At the same time, it can make investing in this field tricky and even overwhelming. Fortunately, an attorney in Los Angeles can help investors to confidently navigate the legal side of their real estate transactions, making sure that their rights are preserved during their transactions.

Augmented reality to impact properties with commercial leases

Technology continues to transform the landscapes of many sectors of the economy in Los Angeles and elsewhere, and real estate is no exception. Specifically, augmented reality is expected to have an increasingly major impact on the market of properties featuring commercial leases. Here is a glimpse at what augmented reality is and how it may impact property owners in the years ahead. Many consumers have become familiar with the term of virtual reality — an experience that is immersive, as it fully covers people’s fields of vision. However, augmented reality takes things a step further. Augmented reality is a type of additive experience that enhances people’s fields of vision with extra elements. The benefit of augmented reality is that only a smartphone is needed to access augmented reality, whereas more expensive headsets are required to experience virtual reality. Augmented reality can impact the commercial property world by making it easier to capture business customers’ attention through digital ads. In this way, augmented reality offers major revenue stream opportunities for commercial buildings in areas that receive a lot of shopper traffic. Owning properties featuring commercial leases can certainly be a lucrative career area, but it can also be complicated due to the market’s quickly evolving nature. One aspect of the market that can be especially complex is the legal aspect, particularly for those who are trying to purchase or sell commercial real estate for the first time. Fortunately, an attorney in Los Angeles can provide buyers and sellers with the guidance they need to complete their transactions while, most importantly, making sure that their rights and best interests are upheld from start to finish.

Augmented reality to impact properties with commercial leases

Technology continues to transform the landscapes of many sectors of the economy in Los Angeles and elsewhere, and real estate is no exception. Specifically, augmented reality is expected to have an increasingly major impact on the market of properties featuring commercial leases. Here is a glimpse at what augmented reality is and how it may impact property owners in the years ahead. Many consumers have become familiar with the term of virtual reality — an experience that is immersive, as it fully covers people’s fields of vision. However, augmented reality takes things a step further. Augmented reality is a type of additive experience that enhances people’s fields of vision with extra elements. The benefit of augmented reality is that only a smartphone is needed to access augmented reality, whereas more expensive headsets are required to experience virtual reality. Augmented reality can impact the commercial property world by making it easier to capture business customers’ attention through digital ads. In this way, augmented reality offers major revenue stream opportunities for commercial buildings in areas that receive a lot of shopper traffic. Owning properties featuring commercial leases can certainly be a lucrative career area, but it can also be complicated due to the market’s quickly evolving nature. One aspect of the market that can be especially complex is the legal aspect, particularly for those who are trying to purchase or sell commercial real estate for the first time. Fortunately, an attorney in Los Angeles can provide buyers and sellers with the guidance they need to complete their transactions while, most importantly, making sure that their rights and best interests are upheld from start to finish.

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