Warehouse Eviction Rules in California

• Warehouse tenants are asked to remove all of their equipment and supplies once an eviction is granted by the court in the state of California. Alistair Berg/Digital Vision/Getty Images

  The Uniform Residential Landlord and Tenant Act of 1972 outlines the rules that the state of California follows during residential and commercial eviction proceedings. These rules are designed to protect a tenant from being unlawfully evicted and to prevent a landlord from being unreasonably sued by a tenant. Warehouse property eviction can be for non-payment of rent, violation of lease or production of unlawful materials.

Quit Notice

• A landlord or property owner is unable to force a tenant from a warehouse for any reason. All eviction hearings must be heard in front of the local civil court. Under California law, before a petition can be made to the court requesting a court hearing, a landlord or property owner must serve the tenant with a quit notice. The notice must be for a minimum of three days if it is for non-payment of rent. All other eviction reasons require at least a 30-day notice. For a warehouse eviction in California, it is common to issue a 60 or 90-day notice to the tenant to allow them ample time to vacate the premises. When a tenant vacates, they are expected to remove all equipment and professional belongings from the facility.

Court Proceedings

• According to to the state's Landlord and Tenant Act, once the quit notice has expired, if the tenant has not vacated or paid the balance owed, a property owner can file a petition for an eviction hearing with the court. Court summons must be served to the tenant by a third party a minimum of five days prior but no more than 12 days from the hearing. During the court session a tenant will have the opportunity to defend their situation as will the landlord. It is important for both parties to bring any communication, bad checks, copies of legal paperwork and any other documents that will support their reason to stay or be evicted. A judge will then determine if the tenant is to be evicted and sign a 72-hour eviction warrant.

Eviction Warrant

• An eviction warrant for warehouse eviction in California must be filed with the local sheriff's office. The necessary paperwork will be drawn up and served to the tenant by an official of the court such as a fire marshal. Tenants are still able to negotiate with the landlord until this expires. Once the warrant has expired, if reconciliation is not reached, the landlord may request to have the tenant removed by police escort. Under the law, Landlords are prohibited from forcing tenants out in any way including shutting off essential services, changing the locks or harassment. Any violations by the landlord or property owners part are grounds for a lawsuit by the tenant.