⚠️ Educational Tool: This tool generates sample notices for educational and informational purposes only. It does not constitute legal advice. Always consult with a licensed California attorney before serving notice or initiating eviction proceedings.
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Lease Details


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Default Type

Select one or more types of default:

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Default Details

3 days for rent; 30 days for other breaches (CA law)
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Notice Preview

Generated Default Notice

[Complete notice will appear here once all required fields are filled]

Recovery Options Comparison

Recovery Method Cost Rate Recovery Amount
LegalCollects (Attorney-Supervised) 15% Contingency $0.00
Typical Collection Agency 33% Contingency $0.00
DIY/Small Claims Court 40% (est. time, fees, losses) $0.00

* LegalCollects collects 15% only on successful recovery. Attorney-supervised process optimizes recovery rates.

California Commercial Lease Default Procedures

Non-Payment of Rent (CCP §1161)

  • 3-day notice to pay rent or quit required
  • Notice must state the exact amount due
  • Calendar days counted (not business days)
  • Fourth day is the first day after notice expires
  • If tenant pays by the 3rd day, default is cured

Other Breaches (CCP §1161(3) & Civil Code §1951.2)

  • 30-day notice to cure or quit required
  • Tenant must have opportunity to cure the breach
  • Some breaches may be incurable (repeated violations)
  • Notice must describe the breach with specificity
  • Applies to CAM charges, alterations, insurance, maintenance, subletting

Service of Notice (CCP §1161(b))

  • Personal Service: Direct delivery to tenant
  • Substituted Service: Delivery to authorized agent or responsible person at premises
  • Posting & Mailing: Affix to premises and mail if other methods fail
  • Proper service is essential for unlawful detainer action

Timeline to Eviction

  • Notice Period: 3-30 days per default type
  • Unlawful Detainer Filing: After cure period expires
  • Court Process: 4-6 weeks typically (contested)
  • Judgment to Possession: 5+ days minimum
  • Total process can take 6-12 weeks depending on jurisdiction

Damages Available (Civil Code §1951.2)

  • Unpaid rent through cure period and beyond
  • Late fees and interest per lease terms
  • Damages for breach of lease provisions
  • Reletting costs and re-leasing commissions
  • Property damage repairs (tenant responsible)
  • Lease termination may allow recovery of remaining lease term value

Important Notes

  • California courts strictly construe notice requirements
  • Defective notices lead to dismissal of eviction action
  • Just cause eviction (Cal. Civ. Code §1951.2) applies to most commercial leases
  • Some municipal ordinances impose additional requirements
  • Retaliatory eviction protections may apply in some cases
  • Attorney consultation strongly recommended before service

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