In California, the warranty of habitability is a legal doctrine that ensures rental properties meet basic living and safety standards. When a tenant claims a breach of this warranty, landlords must be prepared to defend themselves effectively. Here’s an overview of how to navigate such a defense. Understanding the Warranty of Habitability The warranty of…
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…
This article provides an overview of the most common “wrongful” eviction scenarios under California law, and the types of damages that may be recovered by a tenant in a wrongful eviction action against a landlord. What is a Wrongful Eviction? A wrongful eviction occurs whenever a landlord displaces a tenant without following proper legal…
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…
The California Tenant Protection Act allows landlords to evict tenants because the landlord wants to “substantially remodel” the unit. This article discusses the requirements for a successful eviction action on this ground. In short, the TPA (as amended by SB 567) requires a high degree of transparency from landlords when terminating a tenancy based on…
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…
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…
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,…
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…
Landlords face potential legal responsibility for failing to protect their tenants from harm caused by criminal activity. They are required to take reasonable precautions, safeguard the common areas, and warn tenants of known or foreseeable risks. This article discusses the parameters of those duties in the context of criminal activities occurring on the premises. Can…