Why Commercial Eviction Requires a Specialist
California commercial eviction — legally termed an Unlawful Detainer (UD) action — is a distinct area of law from residential eviction. The statutes are different, the defenses available to tenants are different, the damages are calculated differently, and the stakes are considerably higher. A commercial space generating $30,000/month means a one-month delay costs $30,000 in lost rent — the cost of getting the process wrong is enormous.
Commercial tenants of significant size — large retailers, tech companies, medical practices, law firms — often have experienced litigation counsel and will challenge every procedural defect in your notice and complaint. An attorney who handles residential evictions but rarely handles commercial cases may not be familiar with the nuances of CCP §1161(2)'s exact amount rule, the service requirements under CCP §1162, or the holdover damages calculation under CCP §1174(b).
When selecting an attorney, look for:
- Commercial UD experience — not just residential UD or general real estate litigation
- County-specific experience — local court rules, judge tendencies, and sheriff procedures vary significantly
- Lease review capability — an attorney who will review your specific lease before advising on the notice amount
- Realistic timeline and cost estimate — based on your county and tenant type
How to Find a Qualified Commercial Eviction Attorney
State Bar of California
Official attorney search with license verification, discipline history, and practice area filters.
Lawyer Referral Service →LA County Bar Association
LACBA Lawyer Referral Service with real estate and commercial litigation specialists.
Find an Attorney →Bar Association of SF
BASF referral service for San Francisco County attorneys with real property law specialization.
Find an Attorney →San Diego County Bar
SDCBA Lawyer Referral and Information Service with real estate and commercial UD specialists.
Find an Attorney →Orange County Bar
OCBA Lawyer Referral Service for Orange County commercial real property litigation.
Find an Attorney →Sacramento County Bar
SCBA attorney referral for Sacramento commercial real estate and UD matters.
Find an Attorney →What to Tell Your Attorney at the First Consultation
To get the most useful advice quickly, have the following information ready before your first call or meeting:
Typical Attorney Fees for California Commercial Eviction
Uncontested Commercial UD
When the tenant does not file an answer and a default judgment is obtained, the process is relatively straightforward. Many commercial eviction attorneys handle uncontested cases on a flat fee basis, typically ranging from $1,500–$4,000 for an uncontested UD through default judgment, depending on county and complexity.
Contested Commercial UD
When the tenant files an answer and the case goes to trial, expect hourly billing at $300–$600+/hour for commercial eviction specialists in major California markets. A short-contested trial (1–2 days) typically results in total fees of $8,000–$20,000 or more. High-stakes matters (large tenant, large rent amounts, complex lease disputes) can exceed $50,000 if the case is heavily litigated.
Most Leases Include Attorney Fee Provisions
Most commercial leases include an attorney fees clause allowing the prevailing party to recover attorney's fees from the losing party. If you win the UD and have such a clause, you may be able to recover your attorney fees as part of the judgment. Discuss this with your attorney before proceeding.
Use Our Estimator Before the Consultation
Run the Penalty Estimator on the homepage before your first attorney consultation. Arriving with a realistic sense of your damages exposure helps you and your attorney make informed decisions about settlement vs. litigation.