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Commercial Landlord Not Held Liable for Tenant’s Damages Due to Sewer Backup After Landlord Filed Unlawful Detainer

The California Court of Appeal recently reviewed a matter involving a commercial landlord-tenant dispute where there was sewer back up that caused damage to the Tenant's personal property after the Landlord had filed an unlawful detainer against the Tenant for non-payment of rent. Multanti v. Knight holds that a landlord is not liable for damage to a [...]

By | 2018-06-06T10:54:34+00:00 June 6th, 2018|Landlord-Tenant|Comments Off on Commercial Landlord Not Held Liable for Tenant’s Damages Due to Sewer Backup After Landlord Filed Unlawful Detainer

Calculating Days for Three Day and Other Notices

Recently, the California Court of Appeal reviewed a case that involved how days were calculated for a 14 Day Pay Rent or Quit (an unusual choice, but still allowable). Hseih v. Pederson provides some insight as to how a landlord needs to calculate days for a Three Day Notice to Pay Rent or Quit, Three Day Notice [...]

By | 2018-05-16T15:35:10+00:00 May 16th, 2018|Landlord-Tenant|Comments Off on Calculating Days for Three Day and Other Notices

Gentrification and Evictions in Los Angeles

The L.A. Times recently had an interesting article on gentrification in the neighborhood of Lincoln Heights. The article highlights tenant buy out programs, which are allowable under the Los Angeles Rent Stabilization Ordinance. Landlords are increasingly using buy out programs to "buy" tenants and have them voluntarily move from their units. Often these are long [...]

By | 2018-04-03T08:49:37+00:00 April 3rd, 2018|Landlord-Tenant|Comments Off on Gentrification and Evictions in Los Angeles

Renting to Marijuana Dispensaries

The L.A. Times recently had an article about landlords renting to marijuana dispensaries. It is important to note that although California law does allow for marijuana dispensaries, like almost any other business, local entities can regulate where they are placed. Thus, it is important for landlords and tenants to ensure that their location is legal [...]

By | 2018-04-03T08:55:12+00:00 April 2nd, 2018|Landlord-Tenant|Comments Off on Renting to Marijuana Dispensaries

Why Mediation Can Be Important in Real Estate Disputes

A recent California Appellate Court decision reviewed the provision in many California Association of Realtor form agreements that require mediation prior to filing any lawsuit in order for a prevailing party to receive attorneys' fees. Silver Horse Equities, LLC v. Ahmad displays why it's important for parties to read the agreement fully prior to filing any lawsuit. [...]

By | 2018-03-06T15:09:36+00:00 March 6th, 2018|Landlord-Tenant, Real Estate|Comments Off on Why Mediation Can Be Important in Real Estate Disputes

Restraining Order Against Landlord is Reversed on Appeal

Recently, the California Court of Appeals reviewed an action that essentially was a landlord-tenant dispute that had turned into a restraining order hearing. The case, Ewing v. Greenlee, is unpublished but provides some insight into when a restraining order is useful or not in a landlord-tenant dispute. The case involved a rental home in Oakland, California. There [...]

By | 2018-03-01T15:05:53+00:00 March 1st, 2018|Landlord-Tenant|Comments Off on Restraining Order Against Landlord is Reversed on Appeal

Motion for Relief from Forfeiture After Unlawful Detainer Judgment

Code of Civil Procedure Section 1179 allows a tenant to request that that the Court conditionally relieve a tenant from the forfeiture in a Writ of Possession. Forfeiture in an eviction means that the lease is cancelled and a landlord is entitled to possession. Under Section 1179, a tenant must show hardship beyond what a [...]

By | 2018-02-20T08:55:03+00:00 February 20th, 2018|Landlord-Tenant|Comments Off on Motion for Relief from Forfeiture After Unlawful Detainer Judgment

Demanding a Jury Trial in an Unlawful Detainer

In Los Angeles County, jury trials are routinely demanded in unlawful detainer actions by tenants. However, in order to preserve your right to a jury trial, a tenant (or landlord) must demand a jury trial either (1) when the case is first set for trial or (2) within five days after notice of the trial [...]

By | 2018-02-19T13:49:58+00:00 February 19th, 2018|Landlord-Tenant|Comments Off on Demanding a Jury Trial in an Unlawful Detainer

Can the Executor of a Probate Estate File an Unlawful Detainer?

Often times executors or administrators of a probate estate ask if they have the authority to file an unlawful detainer for a property owned by the Estate. The Executor of a probate estate has the authority to file an unlawful detainer even if the person being evicted is a beneficiary under a will or an [...]

By | 2018-02-14T12:37:25+00:00 February 14th, 2018|Landlord-Tenant|Comments Off on Can the Executor of a Probate Estate File an Unlawful Detainer?

Requirements of a Three Day Notice to Perform or Quit in Los Angeles

The Los Angeles Municipal Code requires that any Three Day Notice to Perform or Quit based upon a breach in the rental agreement must include the names of witnesses to the breach and the date and time such violation was witnessed. This requirement is in addition to the requirements set forth Code of Civil Procedure [...]

By | 2018-02-07T12:14:59+00:00 February 7th, 2018|Landlord-Tenant|Comments Off on Requirements of a Three Day Notice to Perform or Quit in Los Angeles