Some landlords just can’t let go; they pop into their rented premises unexpectedly under a misguided belief that it’s somehow their right as owner. Not so. A landlord’s right to enter premises occupied by the tenant is strictly circumscribed under California law. But unfortunately for tenants, redress for illegal landlord entry is hard to come by. Continue reading
In 2012, the California Legislature enacted more than 875 bills! Among them were many interesting changes to California’s landlord-tenant law. Continue reading
Tenant organizations take many forms and reflect diverse goals. An attorney’s role varies with the nature and objectives of the tenant organization. Before you advise a tenant organization, you need to understand its particular needs and how to meet them. Continue reading
Some of the victims of the horrific mass shooting at a movie theater in Colorado last summer are suing the theater’s operators for having had no security guards on duty the night of the shootings and no plans for keeping people from sneaking in or out of the theater. This made me wonder, would the theater owner be liable under California law? Continue reading
Filed under: Landlord/Tenant Law, Legal Topics, Real Property Law, Tort Law | Tagged: Auroro shooting, breach of duty, criminal act by third party, duty to provide security, landowner liability, premises liability, theater shooting | Leave a comment »
The following is a guest blog post by Alan D. Weinfeld of Parker, Milliken, Clark, O’Hara & Samuelian in Los Angeles.
Roommate listings often express a preference for a person of a certain sex, religion, or familial status — e.g., “looking for single, Christian female to share apartment, no kids or pets.” Do the operators of these listings violate fair housing laws by facilitating discrimination against potential roommates who don’t fit the preferred characteristics? Continue reading
Filed under: Civil Litigation, Landlord/Tenant Law, Legal Topics, Real Property Law | Tagged: discrimination, Fair Employment and Housing Act, Fair Housing Act, fair housing laws, roommate, roommate listing services | 3 Comments »
For at least some locations, including the San Francisco Bay Area, Gen Y tenants are currently flooding the rental market and increasing competition among tenants. More prospective tenants is obviously great news for landlords, but they still have to select wisely from among applicants. Here are some suggestions to help landlords identify the perfect tenant, or at least the best of the bunch, without running afoul of the fair housing laws. Continue reading
In the US, hundreds of people die from carbon monoxide poisoning in their own homes every year. These deaths can be prevented by taking simple measures. California has now firmly placed the responsibility for taking such measures on landlords. Continue reading
Filed under: Landlord/Tenant Law, Legal Topics, New Legal Developments, Real Property Law | Tagged: carbon monoxide detectors, carbon monoxide poisoning, Carbon Monoxide Poisoning Prevention Act of 2010, landlords, tenants | 1 Comment »
A client comes to you and wants to evict his or her tenant. Before you start drawing up the unlawful detainer complaint, you need to understand why your client wants to evict — is it a financial decision or an emotional one? Does it make sense financially? Is it because your client wants to live in the property? Continue reading
Commercial bankruptcies continue to soar, leaving frustrated landlords hung out to dry by bankrupt tenants. After filing for bankruptcy, a commercial tenant has a limited time to either assume or reject its lease as an executory contract. This election has significance to both the tenant and the landlord.