News & Analysis as of

Rental Property Unlawful Detainer

Ballard Spahr LLP

Landlord’s Acceptance of Rent After Notice to Terminate Expires Dooms California Unlawful Detainer Claim

Ballard Spahr LLP on

After serving a 30-day notice to terminate a commercial lease and filing an unlawful detainer case, a landlord continued to bill a tenant for rent and common area maintenance (CAM) fees, and unconditionally accepted rent...more

Ervin Cohen & Jessup LLP

Landlord: Look Out and Take Notice

Lawyers love obscure rules about giving three-day notices—the kind that California landlords hate. The decision in City of Alameda v. Sheehan, published September 13, 2024, teaches that there is a wrong way to issue a notice...more

Holland & Knight LLP

Los Angeles Eviction Moratorium Upheld by Ninth Circuit; Uncertainty Continues

Holland & Knight LLP on

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit on Aug. 25, 2021, upheld the City of Los Angeles' current residential eviction moratorium – first enacted by the City Council in 2020 as an emergency...more

Best Best & Krieger LLP

AB 3088: California Eviction Protections

The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 - To address what is expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated...more

Lewitt Hackman

Effective Immediately: Residential Tenants Receive Further COVID-19 Protections in California

Lewitt Hackman on

On August 31, 2020, California Governor Gavin Newsom signed an eviction protection law that significantly amends the long-standing procedures for initiating and prosecuting residential unlawful detainer actions based on...more

Pillsbury Winthrop Shaw Pittman LLP

California Commercial Tenant Security Deposits in a COVID-19 World

In the wake of government-ordered moratoriums on commercial tenant evictions, how does a California commercial tenant’s security deposit come into play as an available landlord remedy for a lease default? Commercial lease...more

Lewitt Hackman

New Rules: California Unlawful Detainers

Lewitt Hackman on

The California Judicial Council met April 6, 2020 to vote on certain emergency measures regarding unlawful detainer actions. ...more

Lewitt Hackman

What Are The Rights Of A Non-Paying Month-To-Month Tenant?

Lewitt Hackman on

When a month-to-month tenant stops paying rent and a landlord initiates an unlawful detainer lawsuit, does the tenant maintain tenancy rights in the premises pending the resolution of the lawsuit? ...more

Lewitt Hackman

Court Confirms Landlord’s Right To Seek Damages In Unlawful Detainer Action And Separate Civil Action

Lewitt Hackman on

The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even after obtaining a judgment for unlawful detainer against the tenant, so...more

Holland & Knight LLP

West Coast Real Estate Update: December 2016

Holland & Knight LLP on

Unlawful Detainer Appeals Process Creates Uncertainty for Landlords - The California Court of Appeal decided the case of Beach Break Equities, LLC v. Martin Lowell on Nov. 22, 2016, and released it for publication on...more

Best Best & Krieger LLP

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a...more

Best Best & Krieger LLP

The Dangers of Idle Property: Squatters Rights in California

Imagine that you live in Colorado, but own a vacation home in California. You love California, but are only able to visit once a year during the summer, while your kids are on vacation from school. Typically you and your...more

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