How to Deal with a Hoarding Tenant

Hoarding in a rental unit can cause significant health and safety issues, such as pest infestations, mold problems, and increased fire risk. And these issues can go beyond the tenant’s unit to put other tenants at risk. So what can a landlord do about it? Continue reading

Can a Landlord Limit a Tenant’s Guests?

For landlords, the most important provisions in a lease or rental agreement may be those that limit the number of persons occupying the premises and that require tenants to specify their identities. This prevents a tenant’s guests from turning into tenants. But balancing this potential problem with allowing reasonable guest overnight stays requires a carefully considered lease provision. Continue reading

Who’s Responsible for the Sidewalk in Front of a House?

Anyone who walks along tree-lined streets knows that tree roots often cause cracks or upheavals in sidewalks. But who’s responsible for the damage they cause when a pedestrian trips over them? Continue reading

4 Negotiating Tips for Tenants’ Attorneys

When defending a tenant facing eviction, you need to create negotiating opportunities for the tenant while proceeding with the unlawful detainer case. This requires developing a bargaining strategy for deciding what, if any, settlement offers or counteroffers to make to the landlord and when to make them. The following tips will help in formulating that strategy. Continue reading

Can Tenants Post Political Signs?

Can landlords stop their tenants from posting signs for a political candidate or proposition the landlord doesn’t support? The answer generally is no. Since 2012, the law in California allows tenants to post political signs, but there are some restrictions. Continue reading

Pros and Cons of Filing a Lis Pendens

If you want to put later buyers on notice of a legal claim involving real property, you can record a lis pendens (also known as a notice of pendency of action) with the recorder in each county where the property is located. CCP §§405-405.61. Recording a lis pendens, however, isn’t without its own set of risks.  Continue reading

7 Tips for Recording a Real Property Interest

Regardless of the type of interest, it’s absolutely crucial to record your client’s newly acquired real property interest. By recording the transfer, grantees, buyers, and lenders are protected against both future purchasers for value and unknown prior interests in the same property. Additionally, title insurance companies generally will only insure an interest if it’s recorded. These benefits may not attach, however, if the recordation—or the recorded instrument itself—was defective. Continue reading

12 Actions Cities Can Take to Mitigate Tort Liability

Cities get sued. A lot. One of the most common kinds of lawsuits against a city arises from injuries caused by an allegedly dangerous condition of city property (like a sidewalk, road, or trail in a city park). Although it may not always be possible to avoid lawsuits based on the dangerous condition of city property, there are actions a city can take to at least make them easier to defend. This list may also be useful to plaintiff’s counsel going on the offensive.  Continue reading

New Year, New Laws for Real Property Lawyers

The California legislature has enacted 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

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