Can you sign less than a 6 month lease on a commercial lease?

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perrine

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We are signing up a tenant who has been on a month-to-month lease after his 1 year lease lapsed in March 2010. This is a commercial building on private property. Can we legally make a lease for less than 6 months? We are also increasing the rent (with a 30 day notice of this rent increase) and wonder if there is a limit on what we can charge (and stipulate in the lease) for late rent payments (he has been late numerous times). Are we within our rights to require another lease agreement after nearly a year of month-to-month rent? This tenant lives out of state but originally rented the building to assemble components used in his business. We have specified in our cover letter that if he neglects to sign a new lease, that we will consider this his 30 day notice (to us) to vacate the premises. Again, are there any legal ramifications to our actions?
Right now eviction is not an option as we can neither afford attorney and court costs to do so, nor allow the building to stay vacant in these less-than-ideal-for-landlords times. We have seen far too many commercial properties remain empty. Please advise. I'm desperate for some guidance here.
 
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You can ask him to vacate with the 30 day notice.
He can ignore you.
If he does, you'd have to then give him a notice to quit.
If he continued to ignore you (they often do), then you'd have to file an action to evict him.

If he's slow to pay, why on earth would you want to sign a new lease with him?
But, yes, you can offer him a 90 day lease, a 6 month lease, etc...

Again, he can ignore you.
If he does, and you've given him your 30 day notice of non-renewal, then he's on his way out!

But, the timing of the 30 day is important.

Google "commercial leases CA", and do some research.
 
Army Judge,
Thanks for your swift response. I had researched commercial leases months ago, but re-visited them on your recommendation. I found a form which includes late fees and isf charges, so will opt for that one.
You questionned why we would permit a late-pay tenant to stay. Simply put, the building sat empty for months prior to his tenancy and that cost us $10k. For us, a "late pay" trumphs a "no pay". If the climate for real estate rentals was more fluid right now, he'd be getting his 30 day notice.
I have posted on this site before, and always look forward to your sage advice. I attempted to send a message to you directly, but apparently didn't qualify to do so (# of posts qualification), but I was grateful when I saw your answers. Thanks again. Perrine
 
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