There is an old legal saying that “possession is 9/10 of the law,” meaning that if you’re holding on to the property it is most likely yours. Unless that 1/10 of the law is on your side, like in this Eureka, California case. The landlord-tenant agreement that settled this months-long dispute conceded to pay off […]
Landlord tenant disputes commonly arise from various misunderstandings between the two parties on a variety of matters. A recent matter of Nesbitt v. Reddish regarding wrongful eviction arose when Joyce and Cameron Nesbitt sued their Landlord, Shelia Bennett.
After a bench trial, the trial court found in favor of the Tenant and awarded damages. However the […]
In a recent case involving a dog attack in a tenant occupied property, the Landlords who own a townhouse in Visalia, CA were sued for failure to take the proper measures to safeguard against their tenants allegedly vicious dog, Monster. Shebairo v. Perez offers insight into a landlord’s duty to maintain a safe premises.
The dog […]
As summer comes to a start this Memorial Day weekend, it’s time for some to think about renting a vacation home. If you are a tenant looking to make some extra cash subleasing your apartment or rental unit in a prime vacation area (or not), there are some things to consider before doing it.
Subleasing is […]
Recently released guidance from HUD for all housing providers highlights how the use of criminal background checks may violate Fair Housing laws. The guidance claims the use of criminal background checks may create a discriminatory effect based on race, as a result of higher incarceration rates among minorities. A copy of the entire HUD guideline […]
The article “LA Trying to Convince Landlords Not to Discriminate Against Section 8” is a bit misleading because currently under California law landlords are able to tell prospective tenants that they do not accept Section 8 vouchers. Although California law does not allow a landlord to discriminate against a tenant for “source of income,” California […]
Recently, a Los Angeles landlord successfully evicted a tenant who was renting part of her unit on the short term rental website, Airbnb. Chen v. Kraft provides some guidance to Los Angeles landlords looking to evict rent control tenants who are renting their units on Airbnb or other short term rental websites.
In 1997, Tenant had entered into […]
In the case of Harrison v. City of Rancho Mirage, the City of Rancho Mirage, passed an ordinance in July, 2014 regulating the short term rental of homes. In particular, Rancho Mirage required that a person over the age of 30 sign the short term rental agreement agreeing to be the responsible person for the rental and […]
Many landlords find themselves in small claims court battling against a tenant for a return of a security deposit or other damages. Small claims court offers a low cost method to attempt to “right a wrong.”
In the case of Michael Dorsey v. Jeffery Crosier the defendant brought the case and lost in the small claims […]
Recently, a group of Los Angeles tenants sued their ex-Landlord after being evicted under the Ellis Act when they later discovered that the Landlord was renting their old units through Airbnb, a short term rental service.
Under the Ellis Act, a Los Angeles landlord must state that the landlord does not intend to rent the unit […]