Commercial Real Estate Lawyer
Q.I have a landlord/tenant issue in a commercial office building with a multi-year lease between my company (tenant) and the landlord. Issues are ones pertaining to unlawful/unauthorized entry, quiet enjoyment, physical assault/battery and harrassment. We have been the victim in all situations, and now we're being verbally threatened with eviction. I am concerned that many of the "very protective" landlord/tenant laws are only geared toward the apartment rental type of residential tenant who probably needs such laws to defend themselves against the potential Goliath-type landlords. I suspect, perhaps wrongly, that different code applies to commercial situations, where perhaps less protection is provided by default to a commercial lessor. Hence, I want to research code pertaining to commercial real estate transactions. So, is there such a thing a commercial real estate specific code? And now that I've answered your questions, does that trigger a suggested course of action and a link you may suggest for the code? I know we should retain an attorney, but I've studied some law and therefore I want to prep myself by reading whatever code sections I can before getting into conversations with an attorney.
A.California landlord-tenant law is in the Civil Code, beginning at section 1925. Provisions relating to residential and commercial rentals are somewhat mixed together, and the legalese is extremely thick in places. You can find it online at http://www.leginfo.ca.gov/calaw.html. Your understanding that most of the protections that apply to a residential tenant do not apply to a commercial tenant is correct. There are a few that are specific to commercial leases, such as a preemption of commercial rent control laws, a prohibition on "key money", and a provision for handling an impasse over a lease renewal. Some of the wrongs you mention, such as trespass, harassment, battery, and the like are torts independent of anything in landlord-tenant law. In California, these are covered elsewhere in the Civil Code.
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