Landlord-Tenant

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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

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

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

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

Important Information to Include in a Three Day Notice to Perform or Quit in Los Angeles

The Los Angeles Rent Stabilization Ordinance allows a landlord to evict a tenant for a material breach of the lease or rental agreement. This means that the breach must be important. Depending on whether or not the breach can be fixed, or cured, a landlord can serve a 3 Day Notice to Perform or Quit [...]

By |2018-07-25T14:14:45-07:00July 25th, 2018|Landlord-Tenant|Comments Off on Important Information to Include in a Three Day Notice to Perform or Quit in Los Angeles

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 |2018-06-06T10:54:34-07:00June 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 |2018-05-16T15:35:10-07:00May 16th, 2018|Landlord-Tenant|Comments Off on Calculating Days for Three Day and Other Notices