8 Steps to Preparing a 3-Day Notice of Eviction

Preparing a 3-day notice to pay rent or quit? Use this checklist to be sure that you get the form and content of the notice right. Continue reading

How to Get Your Client Paid for Work on Construction Projects

You’ve got a client who didn’t get paid for work done on a construction project. You could file a breach of contract action, but there may be other ways to get your client paid, especially if the contracting party who didn’t pay your client is insolvent. Continue reading

How Tenants Can Get Remedies for Habitability Violations and Nuisances

When a landlord severely neglects maintenance issues or another tenant’s behavior causes a nuisance, California law gives tenants several ways to get relief. Continue reading

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

ThinkstockPhotos-124642612A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out of his residential rental unit in Los Angeles. If you read this case too quickly, you might think it applies to any situation in which a tenant runs a short-term rental business from an apartment in California. But not so fast! Continue reading

Can a City or County Make It a Crime to Cultivate or Use Medical Marijuana?

ThinkstockPhotos-183575355Since the legalization of medical marijuana in California 20 years ago, some cities and counties have found ways to keep it out. Are their land use powers still powerful enough to do it? Continue reading

Can a Tenant Be Evicted for Using Medical Marijuana?

ThinkstockPhotos-466465686We don’t yet have an officially reported case in California on whether a landlord has the right to get a court order declaring a lease terminated and evicting the tenant based solely on the tenant’s use of medical marijuana. And this complex question is made more unclear by the ongoing conflict between state and federal laws. Continue reading

Does “Red Tagging” Terminate a Lease?

ThinkstockPhotos-79934078There’s been an earthquake, and an apartment building is red-tagged by the city or county because the utilities have been disconnected and the utility lines need repair; the landlord is dragging his feet about getting them fixed. What happens to the lease? And what about red tagging that follows complete destruction? Continue reading

10 Tips for Monitoring or Litigating Foreclosures

115754429Foreclosures are declining in number, but they’re still occurring at above-normal rates. Whether you’re new to foreclosure practice or have been in it for years, these tips will help you meet the challenges of newly adopted and heavily revised statutes and regulations governing mortgage foreclosure in California. Continue reading

California Homeowner Bill of Rights: Does It Have Teeth?

home_200345150-001The much heralded California Homeowner Bill of Rights went into effect on January 1, 2013. It expands urgency legislation, enacted four years ago, that amended the trustee sale foreclosure processes to reduce foreclosures and increase workouts, loan modifications, and short sales. See Stats 2012, chs 86–87 (AB 278 and SB 900). It’s well intended, but is it actually going to reduce the foreclosure rate in the long run? Continue reading