How to Compute 30- or 60-Day Notice for Eviction

check your dates to get your eviction notice rightWhen serving a 30-day or 60-day notice to terminate a month-to-month tenancy, keep in mind these rules for computing the days so that you don’t get it wrong. Continue reading

Challenging CEQA Processing Fees

Complying with the California Environmental Quality Act (CEQA) is very expensive business. The costs of preparing a typical environmental impact report (EIR) range from $200,000 to more than $1 million. The lead agency incurs those costs initially, and then bills the project applicant a “reasonable fee” for reimbursement of those costs. See Pub Res C §21089(a). Project applicants irked by excessive fees may ask their attorney whether there’s any way to challenge a lead agency’s processing fees under the California Environmental Quality Act (CEQA). Would you know how to respond? Continue reading

Checklist for Disputes Over a Neighbor’s Home Business

home businesses may cause disputes with neighborsA home may be a person’s castle, but it can’t always be his or her office. More home-based businesses (including short-term rentals and home food production) means more neighbor disputes. Here’s a look at what constitutes a home business and a checklist to review whenever you’re asked to consider a dispute involving one. Continue reading

Are Landlords Liable for a Tenant’s Biting Dog?

tenant's vicious dogWhen a tenant’s dog bites someone, the injured party may want to go after the deeper pocket of the landlord. Whether this will be successful or not depends on what the landlord knew. Continue reading

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 Far Does a Landowner’s Liability Go?

Couple crossing a street from shopping to the parking lotLandowners’ duty to maintain their premises in a reasonably safe condition has a pretty far reach, but the California Supreme Court recently curbed it. Continue reading

10 Tips for Attorneys on a CEQA Project

legally balancing the environmental effects under CEQAThe California Environmental Quality Act (CEQA)(Pub Res C §§21000–21189.3) applies to most public agency decisions to carry out, authorize, or approve projects that could have adverse effects on the environment. Attorneys are frequently called on to work as part of an overall team handling a project undergoing CEQA review. The attorney’s role in such project teams varies widely, but there are some general ways that attorneys can minimize misunderstandings and delays, and help reduce the cost of the CEQA process. Continue reading

What to Do After Getting a Tenancy Termination Notice

apartment for rent sign put up after evictionA tenant who receives a 30-day or 60-day notice to terminate a periodic tenancy needs to jump into action (or inaction, in some situations). Depending on the circumstances, here’s what a tenant or tenant counsel should do. Continue reading

Have a Habitability Problem? Take These 3 Initial Steps

home so flooded it's uninhabitableWhether it’s ignoring a reported bug infestation or leaving electrical wiring dangerously exposed, a landlord’s failure to make necessary repairs may render the premises uninhabitable. Although there are many legal remedies available for a breach of the warranty of habitability, your initial duties as a tenant’s attorney is to simultaneously safeguard the tenant’s well-being and preserve any relevant claims. Continue reading

New Year, New Laws for Real Property Lawyers

The California legislature has enacted several new laws that may affect your real property law practice. Here are some of the key statutory changes you need to know about. Continue reading