Whether 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
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Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?
A 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
Does “Red Tagging” Terminate a Lease?
There’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
Fair Housing Law 101
Thinking of practicing landlord-tenant law in California? Knowing the federal, state, and local fair housing laws will be critical to your success. Continue reading
Changes Came to the California Rental World
In 2012, the California Legislature enacted more than 875 bills! Among them were many interesting changes to California’s landlord-tenant law. Continue reading
Tailoring Advice for Tenant Organizations
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
Commercial Landlords Face Limits on Recovering Future Rent from Bankrupt Tenants
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.
