Category: Landlord-Tenant Law

The Protecting Tenants at Foreclosure Act of 2009 (PTFA) Has Been Reinstated

On May 24, 2018, Senate Bill 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act, was signed into law. The bill, designed to amend regulations put in place by the 2010 Dodd-Frank Act, reinstates the Protecting Tenants at Foreclosure Act (PTFA).  Originally introduced in 2009, the PTFA “contained protections […]

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NOTICE TO PAY RENT OR QUIT THAT ALLOWS PERSONAL DELIVERY OF RENT MONDAY THROUGH FRIDAY, BUT NOT ON SATURDAY OR SUNDAY, DOES NOT EXTEND THE NOTICE PERIOD

In Hsieh v. Pederson, decided May 8, 2018, a lease for residential premises required the landlord to provide a 14-Day Notice to Pay Rent or Quit instead of the statutorily required Three-Day Notice to Pay Rent or Quit. The landlord served the tenant with a 14-Day Notice to Pay Rent […]

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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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CALIFORNIA LAW REQUIRES LESSORS OF COMMERCIAL PROPERTY TO DISCLOSE WHETHER THE PREMISES HAVE UNDERGONE INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASp)

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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