can landlored kick me out of the store without going to court for not paying full rent or change of use ?

Asked on Nov 17th, 2013 on Real Estate - California
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I have another 2 years lease remaining and because my clothing store was slow and I where not able to pay full rent and now I changed my business to a computer repair shop and I think im happy and ill be able to make rent , but land lord asking me to leave and he gave me a 3 days notice to pay or the contract will be cancel ! but even so im ok to leave but I need few months to find a store front and get in off money for the move ! so my question is that what my land lord will do if I don't empty the store and how long the processes may approximately take ! .. thank you so much .. by the way before changing the business from clothing to computer I called my landlord to see if he ok with it ! and he told me go for it , but now after all of this expanses of remodeling he changed his mind
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Mitchell Reed Sussman (Unclaimed Profile)
Answered on Nov 17th, 2013 at 5:29 PM
First of all, your landlord can not simply lock you out of the store. He has to follow normal court proceedings for an eviction.  So you should have quite a bit of time and may even win should he try the legal eviction route.   Secondly, if the landlord agreed to the new use of the premises there is absolutely no way he can win an eviction.   So whatever you do, don't simply knuckle under to the landlord's strong arm tactics.

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Dana Sack (Unclaimed Profile)
Answered on Nov 17th, 2013 at 5:13 PM
No, it is illegal for the landlord to change the locks or remove your property from the premises without a a court order. He serves you with a 3 day notice to pay rent or quit. If you pay the rent, then it's over and you can stay. If you don't pay the rent, he sues you. After he has the summons and complaint delivered to you, then you have 5 days to respond. After the 5 days, the court will assign a trial date. By statute, it is supposed to be in 21 days, but they often schedule them later, and the landlord's lawyer rarely argues about it. After the trial, it takes at least a week to get the sherriff out to evict you. If you have found a new space and just need time to have it painted and your property moved there, most sherriffs will give you another week or two.  Talk to a tenant's lawyer. If you want to stay, a lawyer might be able to negotiate something for you, instead of going to court. Dana Sack 510-286-2200  

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