Real Estate & Business Attorneys
Should I use the AIR CRE Commercial Leasing form of the CAR Commercial Leasing form? The lawyer answer is that they are similar but different! Most of the time the AIR form should be used, but both have pros and cons for landlords and tenants. See this attached...
There are several legal doctrines to examine to determine if a commercial tenant’s lease obligations are excused. The start is Civil Code §1511 and Civil Code §1514 This post examines the doctrine of “frustration of purpose” which is close to the related...
California’s new statewide residential rent and eviction control laws change almost 150 years of legal precedent. The new rent control rules are contained in Civil Code section 1946.2 concerning termination of tenancies which now require “just cause” and Civil Code...
The current law is only staying evictions or unlawful detainer actions for non-payment of rent. Please read this memo: July 14, 2020 Updated Letter to Clients re COVID-19 – UD Civil trials will probably be continued until after November 1, 2020 if it is a short...
Waiver of the right to a jury trial cannot be imposed as a sanction. In a Los Angeles unlawful detainer action, the pro per tenant (who was also pro per on appeal) appeared on the trial date without complying with a Los Angeles County Superior Court Civil Division...
The primary published case is Del Monte Properties & Investments, Inc. v. Dolan (2018) 26 Cal.App.5th Supp. 20, 24. In Del Monte the Court held that the landlord must prove that the actual losses caused by late payment of rent were extremely difficult or...
Here is a summary of some of the larger new real estate oriented laws for 2019. Landlord Tenant: Evictions – Three Days’ Notice Excludes Holidays and Weekends: When counting a three days’ notice to pay rent or quit or a three days’ notice to perform covenant or quit,...
January 1, 2017, Civil Code § 1938 was expanded to require: A Certified Access Specialist (CASp) report can reduce the minimum statutory damages and allow for a stay of the lawsuit pending a mediation session with the court. Effective January 1, 2017, revised Code...
City of Los Angeles: Technically, short term rentals are currently illegal in Los Angeles. ( (Chen vs. Kraft (2016) LA is slow moving but in April 2018 the City Counsel committee approved a measure to allow short term rentals but CAP the number of days that a primary...
In denying a motion to quash an unlawful detainer summons, the trial court may not restrict a defendant’s responsive pleading to an answer. Van Butenschoen v. Flaker; Superior Court of California, County of Los Angeles – filed Oct. 16, 2017 Cite as 2017 S.O.S. 5258...