Real Estate Transactions

• Leases
• Land Use Applications (Variance, Design Review)
• Loan Documentation
• Default and Foreclosure Bailouts
  
• Sale/agreements
• Loan documentation
  
• Eviction notices
  
• Deed in Lieu
  
• Real Estate Litigation

Unlawful Detainers (Eviction notices)
Unlawful detainers (the legal name for evictions) are a fast process, usually less than 30 days, by which a landlord evicts a tenant. Unlawful detainers (UD's) can be for failure to pay rent, failure to pay other charges, for violations of lease covenants or other violations of the lease. The overall process is the same for commercial and residential UD's, however, each type has specific procedural requirements and all require strict statutory compliance.

Common Area Maintenance Disputes
Common Area Maintenance (CAM) charges frequently cause disputes between landlord and tenant. Often, changes in a center, tenant make-up or simply the passage of time can result in disputes over how CAM charges are calculated. Resolving these disputes frequently involves litigation as large sums of money can be involved.

ADA Lawsuits
The American’s with Disabilities Act (ADA) was signed into law in 1990. It was intended to protect the rights of individuals with disabilities. For the commercial real estate landlord, property manager or tenant, the ADA requires that access be provided to disabled persons. Disabled persons can sue to ensure access and may be awarded attorney’s fees and costs. ADA lawsuits can often be resolved by a reasonable approach to providing accommodations for disabled access and are almost always resolved short of trial.

Easements
Easements are agreements by which one property owner acquires the right to cross the land of another. Although they are often written, frequently easements arise by either oral agreement of the parties or through custom and the passage of time. However, disputes can occur when property owners or circumstances change and the party whose land is being crossed no longer wishes to allow the other party access.

Assignments
Assignments occur when a tenant "sells" their right to lease property to another party. Disputes frequently occur when the tenant wants to assign their lease to an unqualified new tenant or the new tenant's business is different and in conflict with the remaining tenants. Disputes can also occur when a landlord unreasonably refuses to allow assignment to an otherwise qualified new tenant.

Defaults and Cure (Foreclosure Bailouts)
In this economic climate, defaults are becoming more and more common. The typical default occurs when a tenant can no longer afford to meet their rent obligations. Defaults can also occur when landlords or tenants are in violation of covenants of leases. Taking action quickly can resolve or “cure” defaults before an Unlawful Detainer is filed.

Lease Disputes
As in all areas of the law, disputes can arise as to the interpretation or implementation of lease agreements in ways which do not fit the categories above. Many of these disputes arise from differing interpretations of language within the lease.

Disclaimer:

Nothing contained in this web site is intended as legal advice. Nothing contained in this web page is intended to create a professional relationship between you and an attorney. If you would like legal advice about your case, you should contact an attorney at Hertz Law Offices by telephone or email today. This web site is not intended to solicit clients for matters outside of the state of California.