Category: Landlord-Tenant Law

Landlord Requiring Rent Payments To Be Mailed As The Exclusive Method of Payment Bears The Risk That The Payment Will Be Lost In The Mail

In SLEEP EZ v. Mateo (2017) 13 Cal.App.5th Supp. 1, decided on April 4, 2017, an apartment landlord brought and unlawful detainer action against tenants for non-payment of rent. The lease agreement required the tenants to pay $523.98 in rent per month by U.S Mail. The property manager instructed the […]

September 30, 2017 | Landlord-Tenant Law |

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Under Civil Code section 1938, a commercial property owner or lessor is required to state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp). If the subject premises have undergone […]

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California Court of Appeal Holds That The Purchaser Of Real Property At A Foreclosure Sale Can Serve A Notice to Quit Before The Foreclosure Deed Is Recorded

In Levill v. Westlake Health Care Center, filed on March 7, 2017, the California Court of Appeal held that California’s post-foreclosure eviction statute (Code of Civil Procedure §1161a) does not require the recording of a foreclosure deed before service of a notice to quit upon the occupants of the property. […]

March 12, 2017 | Landlord-Tenant Law |

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Leasing Unpermitted Units is Perfect Recipe for Landlords Who Like Insomnia

North 7th Street v. Guillermo Constante, L.A. Appellate Division Superior Court, 1/4/17 In this unlawful detainer case, the trial court granted tenant’s summary judgment against landlord. In everyday language — the trial judge threw the landlord’s eviction action out of court! The tenancy was based on an oral agreement, but […]

January 4, 2017 | Landlord-Tenant Law |

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A Tenant May Recover Statutory Attorney Fees In An Eviction Action If The Court Determines That The Tenant’s Rental Unit Is Not Habitable And The Conditions Requiring Repair Were Cited By The City

On October 26, 2016, the Appellate Division of the Superior Court of California issued a published opinion in Active Properties LLC v. Maria Cabrera holding that a tenant that prevails in an unlawful detainer action based on a breach of the warranty of habitability may recover statutory attorney fees by […]

December 14, 2016 | Landlord-Tenant Law |

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California Supreme Court Clarifies That The Purchaser of Real Property At a Foreclosure Sale Must Wait For The Foreclosure Deed To Be Recorded Before Serving a Notice to Quit

On November 30, 2016, the California Supreme Court ordered published the opinion of the Appellate Division of the Superior Court of San Diego in U.S. Financial, L.P. v. Michael McLitus, which held that title is not perfected for purpose of California’s post-foreclosure eviction statute until the foreclosure deed has been […]

December 3, 2016 | Landlord-Tenant Law |

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