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Q.Can a Commercial Landlord Continually Sue to Recover Rent Due on an Abandoned Tenancy?
A.Yes, when a commercial tenant abandons the premises, the landlord can sue each month for the rent due. Pursuant to California Civil Code § 1951.4 each periodic rental payment due under a commercial lease creates a severable contractual obligation on the tenant which entitles the landlord to damages for each separate breach. However, the landlord's right to continually sue each month is subject to the landlord complying with the statute of limitations applicable to each cause of action, and conditioned on the landlord not waiving his rights by terminating the tenancy.
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