California AB 2847 - Commercial Abandonment
- Abandonment of commercial tenants in California
- How it will change things
- Impact on you investments
AB 2847 reduces the time a landlord can terminate an abandoned lease in commercial properties in California. The law amends the current abandonment law to distinguish between residential and commercial abandonment.
Who sponsored the law?
Blanca Rubio from the 48th district (San Gabriel Valley).
When does AB 2847 goes into effect?
The law went into effect on January 1st, 2019.
AB 2847 - Quick Facts
- AB 2847 – full text of the bill
- Abandonment is a legal tool to terminate a lease without filing an eviction (unlawful detainer)
- If the landlord reasonably believes that the tenant abandoned the property, the lease can be terminated by posting a notice of abandonment
- Notice of abandonment can be served 14 days after failure to pay rent and reasonable belief of abandonment
- Abandonment form language is determined by statute – a sample form is given be the language in the California Civil Code
- California AB 2847 reduced the time a notice of abandonment can be served for commercial tenants only
- For commercial tenants, landlords can serve a notice of abandonment at the same time a notice of non-payment of rent, no earlier than 3 days after rent was not paid
Common Questions about AB 2847
Q: When can I use the California Abandonment process?
A: When you notice the tenant is no longer occupying the property and didn’t pay the rent. You can serve the non-payment of rent notice (3-day notice to pay or quit) and the notice of abandonment at the same time. For residential tenants, you can serve the notice of abandonment after 14 days.
Q: How do I know the tenant abandon the property?
A: If you see signs that the property was not used recently, and haven’t seen any signs of the tenant on the premise. Attempts to contact the tenant were not successful, uncollected mail, tenant’s car hasn’t moved in a while, etc…
Q: Can I continue with the abandonment process if the tenants pays the rent?
A: No. A tenant that is current on the rent cannot be removed with an abandonment process.
Q: Where can I find a sample Abandonment notice?
A: You can find a sample form in the actual California Civil code – 1951.3.
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