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Understanding Post-Foreclosure Evictions in California
Once title is perfected, the buyer should notify the occupants, in writing that they are the new new owners. Notice must be in writing, and should have contact information of the new owners. We suggest delivering personally, or by posting the notice on the door if no one answers the door. Many experienced trustee sale…
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Legislative Update: SB 436 Provides Further Protections to Tenants in Nonpayment of Rent Cases
California is considering new legislation designed to provide new protections for renters facing evictions for nonpayment of rent. The most significant provision of the bill (SB 436) allows renters to avoid eviction by fully paying delinquent rent any time before the Sheriff executes on a writ of possession. The bill is touted as promoting housing…
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Grounds for Eviction of Mobile Homeowners in California
In California, mobile home owners enjoy a unique set of protections under the Mobilehome Residency Law (MRL). However, there are specific grounds under which a mobile home owner can be evicted from a mobile home park. Understanding these grounds is crucial for both park owners and residents to ensure compliance with state laws and to…
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What Should be Included in a Commercial Lease Agreement?
A commercial lease is a contract between a landlord and a tenant describing the terms and conditions under which the tenant is allowed to occupy the commercial property. Here’s a summary of what should be included, and avoided, when drafting a commercial lease in California. Common Lease Clauses A California commercial lease agreement should generally…
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Lease or License? What’s the Difference and Why Does it Matter
Lease agreements and license agreements have similar objectives – to grant occupancy rights to the recipient usually for a specified time period. Licensees, however, are distinct from tenants and generally have fewer legal protections. A recent California appellate court decision captioned Castaic Studios, LLC vs. Wonderland Studios held that an agreement granting use of commercial…
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Synopsis of the Commercial Tenant Protection Act
Commercial tenants have historically been left out of the growing body of laws protecting residential tenants in California and elsewhere. However, recent legislation found in Senate Bill 1103 – known as the Commercial Tenant Protection Act — is intended to level the playing field between landlords and certain “mom and pop” commercial tenants. The goal…
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Can California Landlords Limit the Manner and Method to Pay Rent?
This article provides an overview of Civil Code Section 1947.3, which addresses two separate rent payment issues – (1) whether a landlord can require the tenant to pay in cash and (2) whether a landlord must accept rent from a third party. The answer to both questions is “it depends”, as explained below. Form of…
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How to Handle Property Left Behind by a California Commercial Tenant
This article discusses how a California landlord should handle personal property left behind by a commercial tenant. Although not mandatory, landlords should follow the steps outlined in California Civil Code section 1993 et seq. when selling or otherwise disposing of such property. Commercial landlords can use other reasonable means to dispose of the abandoned property,…
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How to Identify and Address Mold in a Rental Unit
Mold issues can be a real problem in rental units, having the potential to cause various medical-related issues and damage to the property. Knowing how to identify, prevent and mitigate the adverse effects of mold in a rental property is crucial for maintaining a healthy landlord-tenant relationship. What are the Signs of Mold? Mold is…