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So far Anthony Marinaccio has created 84 blog entries.

Buyer of Property Subject to Unlawful Detainer When Escrow Fails to Close

Recently, the California Court of Appeal review a case involving a Purchase Agreement for the sale of real estate where the Buyer took possession of the real property prior to the close of escrow and escrow failed to close. Community Rebuild Partners, LLC v. Chanin affirms that the seller could evict the buyer when escrow failed to [...]

By |2019-05-01T14:51:33-07:00May 1st, 2019|Landlord-Tenant, Real Estate|Comments Off on Buyer of Property Subject to Unlawful Detainer When Escrow Fails to Close

Court Finds that Single Family Residence Rented by the Room Falls within LARSO

The Court of Appeal recently reviewed a case involving an eviction of a resident renting a room in a single family home in Los Angeles. Chun v. Del Cid is an important decision reviewing how a landlord rents a property could make it fall within the Los Angeles Rent Stabilization Ordinance. There, the house in question [...]

By |2019-04-29T16:46:50-07:00April 29th, 2019|Landlord-Tenant|Comments Off on Court Finds that Single Family Residence Rented by the Room Falls within LARSO

Landlord Cannot be Liable for Charging High Rent Absent a Rent Control Ordinance

The California Court of Appeal recently reviewed a case that dealt with a group of mobile home park tenants who sued their landlord for a number of causes of action, including breach of contract, breach of quiet enjoyment, negligence, and breach of habitability. Bevis v. Terrace View Partners reviews whether a landlord could be held civilly [...]

By |2019-04-11T16:21:19-07:00April 11th, 2019|Real Estate|Comments Off on Landlord Cannot be Liable for Charging High Rent Absent a Rent Control Ordinance

Rent Control in Unincorporated Los Angeles County Extended Through December 2019

Los Angeles County landlords owning properties in unincorporated Los Angeles County can only raise rents 3.00% annually through December 2019. The Los Angeles County Board of Supervisors voted to extend the rent control moratorium, which was set to expire in June 2019. The moratorium affects apartment buildings built before 1995. In addition to rent control, [...]

By |2019-04-10T15:11:37-07:00April 10th, 2019|Landlord-Tenant|Comments Off on Rent Control in Unincorporated Los Angeles County Extended Through December 2019

City of Los Angeles Landlords Allowed to Increase Rent 4.00% Starting July 1, 2019

City of Los Angeles landlords who own properties subject to the Los Angeles Rent Stabilization Ordinance will be allowed to raise rents by 4.00% starting July 1, 2019 through June 30, 2020. This will be the first time since 2009 that landlords are allowed to raise rent more than 3.00%.  

By |2019-03-15T11:08:09-07:00March 15th, 2019|Landlord-Tenant|Comments Off on City of Los Angeles Landlords Allowed to Increase Rent 4.00% Starting July 1, 2019

Neighbor Dispute Turns into a Restraining Order

Neighbor disputes can often find themselves in restraining order court as neighbors find the conduct of the other neighbor to be "harassment." The Court in Bukowski v. Gomez reviewed one restraining order. Under Code of Civil Procedure Section 527.6, "unlawful harrassment" is a knowing and willful course of conduct' entailing a pattern of a series of acts over [...]

By |2019-02-27T11:51:13-07:00February 27th, 2019|Uncategorized|Comments Off on Neighbor Dispute Turns into a Restraining Order

Title Not Required to be Perfected in a Post-Foreclosure Eviction When Serving Notice to Quit

The Court in Dr. Leevil, LLC v. Westlake Health Care Center recently found that a purchaser at a foreclosure sale is not required to "perfect title" before serving a 3 Day Notice to Quit. There, the Tenant argued that Code of Civil Procedure Section 1161a(b)(3) requires that a new owner record title after a foreclosure [...]

By |2019-01-10T20:26:50-07:00January 10th, 2019|Landlord-Tenant|Comments Off on Title Not Required to be Perfected in a Post-Foreclosure Eviction When Serving Notice to Quit

Marinaccio Law Opens New Ontario Office

Marinaccio Law is proud to announce the opening of its new Ontario, California satellite office. Located near Ontario International Airport, Marinaccio Law is expanding to the Inland Empire to serve the counties of San Bernardino and Riverside on real estate, landlord-tenant, estate planning, trust administration, and probate matters. Marinaccio Law is looking forward to represent [...]

By |2018-10-02T11:43:33-07:00September 30th, 2018|Uncategorized|Comments Off on Marinaccio Law Opens New Ontario Office

Court Limits Damages in Unlawful Detainer Action

An unlawful detainer (eviction) lawsuit only addresses a very limited issue, generally what is found in the Complaint. A landlord in unlawful detainer generally cannot obtain damages for property damage, breach of lease, late fees, and other charges in an unlawful detainer. Recently, the California Court of Appeal reviewed a case from a Los Angeles [...]

By |2018-08-23T11:02:31-07:00August 23rd, 2018|Landlord-Tenant|Comments Off on Court Limits Damages in Unlawful Detainer Action

Late Fees as Liquidated Damages and on Three Day Notices

The California Court of Appeals recently reviewed a case involving a $50 late fee for a residential tenancy. Del Monte Properties and Investments, Inc. v. Dolan reviews how late fees should be calculated and how they should not be stated on any Three Day Notice to Pay Rent or Quit. Here, the monthly rent for the [...]

By |2018-08-20T16:37:36-07:00August 20th, 2018|Landlord-Tenant|Comments Off on Late Fees as Liquidated Damages and on Three Day Notices