Avoid the Overly Emotional Property Dispute Client

170446161A special problem for counsel consulting on neighboring property disputes, particularly those dealing with easements and boundaries, is the intense emotional involvement most clients have in their property. Know the warnings signs of a client whose emotions are going to be a problem, and either don’t take the case or get out fast. 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

Backsies! When Can You Rescind a Real Property Purchase Agreement?

ThinkstockPhotos-527074543 (1)You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re now on the hook for maintenance costs. Compounding matters, the house’s value has dropped significantly since you bought it. What do you do? Try to rescind the sale contract.
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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

New Year, New Laws for Real Property Practitioners

464956543Were you able to keep track of the new legislative changes that may affect your real property practice? Don’t worry, we did and here are some key changes every California real property lawyer needs to know. 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

Facing a Condemnation? Take These 5 Initial Steps

Unlike most types of litigation, ThinkstockPhotos-178998188 (1)a direct condemnation case generally assures the owner of at least some compensation for the property taken. So when an owner approaches an attorney, it’s usually to see if it’s possible to get more than what’s been offered. Low risk, right? Sadly, no.  Continue reading

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