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Estimated Rent in Commercial Tenancies CCP 1161.1

Unlike residential unlawful detainer actions, in commercial unlawful detainers the landlord is allowed to provide a three day notice of estimated rent provided the landlord indicates in the notice that it is in fact a reasonable estimate of the amount past due. California Code of Civil Procedure section 1161.1 (e) further provides that there is a presumption that the estimate is reasonable if it is within 20 percent of the amount actually due. If it is not, then it may not support an unlawful detainer for non-payment of rent. 1161.1 is worth reading if you are a tenant facing eviction by a landlord. It also has some interesting prevailing party language. It provides the following: “if (1) upon receipt of such a notice claiming an amount

Posted in Commercial Lease, Commercial Lease Assignment, Commercial Lease Disputes, Commercial Lease Unlawful Detainer, Real Estate Attorney Los Angeles

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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