Category: Landlord/Tenant Disputes

Progress Report on Rent Control Initiatives in Silicon Valley

Few topics have drawn more heated discussions throughout the Silicon Valley real estate industry than the ever-changing and increasing rent control efforts happening all across the Read More > ...

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San Jose Tenant Protection Ordinance

The rental market in San Jose, currently the most expensive in America according to the 13th annual Demographia International Housing Affordability Survey of 2017, has experienced Read More > ...

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Commercial Leasing Considerations for the Adult Use of Marijuana Act

This November, Californians will vote on Proposition 64, the “Adult Use of Marijuana Act” which will effectively legalize the recreational use of marijuana to people over Read More > ...

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5 Tips for Landlords This Winter

A landlord’s duty to maintain a habitable unit can morph as the winter months approach here in California. What makes a unit habitable in the summer Read More > ...

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Sublease Considerations for Commercial Tenant

Commercial subleases can be good bargain options for tenants, but there are certain risks involved.  This article is intended to assist tenants in identifying these risks Read More > ...

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Court Limits a Tenant’s Ability to Challenge an Unlawful Detainer Action

Sofia Borsuk (“Borsuk”) was a tenant at LA Hillcreste Apartments in Los Angeles.  In March, 2015, LA Hillcreste served Borsuk with a 3-day notice to pay Read More > ...

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Supreme Court Upholds Controversial San Jose Affordable Housing Ordinance

The Bay Area is known worldwide for a multitude of things, including being the hub of technological advancements, cultural diversity, and championship sports teams.  One of Read More > ...

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Court Denies a Landlord’s Ability to Change House Rules in San Francisco

Margaret Foster (“Foster”) lived in the same apartment in San Francisco for more than 40 years.  In 2011, her building was bought by W.J. Britton & Read More > ...

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Airbnb Rental Held to Constitute an Illegal Use of Property

AirBNB (and similar rental sites) have been omnipresent in the news for the last few years.  Controversy has arisen in many cities as regulations and restrictions Read More > ...

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Court Holds That Landlord is Not Allowed to Evict a Tenant for an Immaterial Breach of the Lease

Juan Juarez (“Tenant”) lived in a rent-controlled apartment complex owned by Boston LLC (“Landlord”) for more than 15 years.  Although his lease required him to obtain Read More > ...

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Court Clarifies that an Eviction is not a Protected Activity

Monira Ulkarim, a tenant in a shopping mall, had a year-long lease with her landlord, Westfield.  In the middle of the tenancy, the landlord served Ulkarim Read More > ...

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Investment Property Blog Series

The Law Offices of Peter N. Brewer put together an “Investment Property Blog Series.” We hope you find the information in this series to be informative Read More > ...

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Are Short Term Rentals for You?

Short term rentals are becoming big business, and California and the Bay Area are no exception.  Companies such as Airbnb and VRBO have grown to become Read More > ...

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Court Affirms that Res Judicata Applies to Stipulated Judgments in Unlawful Detainer Actions

In April of 2008, Jeffrey Needelman (“Tenant”) entered into a lease agreement with DeWolf Realty Co., Inc. (“Landlord”) for an apartment in San Francisco.  After the Read More > ...

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Courts Give Landlord Relief From Rent Control Ordinances

Lakeesha Lyles (“Lyles”) was a tenant living in a rent controlled apartment in Los Angeles since 2003.  Her landlord, Denise Sengadeo-Patel (“Patel”), failed to send her Read More > ...

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Court Finds that Notices of Rent Increase Are Not Necessary for Resident Property Managers

Ceceilia Drumea (“Drumea”) was the resident property manager at an apartment building in Los Angeles for 18 years.  Prior to serving as the property manager, she Read More > ...

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Lender is Responsible for the Condition of the Property Following a Foreclosure

Joseph Erlach rented a bedroom and bathroom in a house located in Monterey.  He entered into an agreement with the original owner, Mary Schwann, to rent Read More > ...

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So you Want to be a Landlord

For many people, their first experience with becoming a landlord is a bit of an accident.  They buy a new house and decide to lease out Read More > ...

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Commercial Leases Blog Series

The attorneys at the Law Offices of Peter N. Brewer put together a Commercial Leases Blog Series. Whether you are a tenant or a landlord, we Read More > ...

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New ADA Requirements for Commercial Properties

As of July 1, 2013, a new lease disclosure requirement added one more responsibility for owners and lessors of commercial property. Civil Code Section 1938, part Read More > ...

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Creditor Victory in Collection against California Guarantor

In a case of first impression California, the Court held that the creditor can attach to the proceeds of the sale of property even if the Read More > ...

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Court Limits Class Action Suits Against Landlords

In a recent Second Appellate District ruling, the court made it more difficult for tenants to sue landlords in class action lawsuits.  In. Hendleman v. Los Read More > ...

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2014 New Laws Impacting Real Estate – Part 1

Another year, another set of new or revised laws.  There are 100s of new or revised laws this year for California, several of which impact the Read More > ...

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Negotiating Commercial Leases – Back to Basics

Understanding Square Footage and How it Affects Your Lease Previously, my colleagues wrote blogs regarding commercial leasing considerations for tenants and commercial evictions,  but today I Read More > ...

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New Law: Landlords in Foreclosure Must Disclose Default to Prospective Tenants

Normally a tenant would not learn that his or her unit was in foreclosure until very late in the foreclosure process, when the notice of trustee’s Read More > ...

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Co-ownership of Real Property – Fighting the Partition Action Can Cost You.

There is a fundamental premise in California law that a co-owner of real property has the right to sever the co-ownership at any time by forcing Read More > ...

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Tenant Considerations in a Commercial Lease

Commercial leases generally have many more complexities than the average residential lease, and are oftentimes involve and require significant negotiation.  This article will look at a Read More > ...

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