Blog Archives

Commercial Leases: Notice to Landlord and Tenant

By default, a landlord seeking to evict a tenant must serve a notice that complies with California Code of Civil Procedure §§ 1161 and 1162.  These notice requirements cannot be changed or waived in the context of a residential lease.  However, parties to a commercial lease can use any form of service specifically agreed to, including email service.  That said, it is important that the parties strictly comply with the terms of service specifically set forth in the commercial lease. For most landlords, agreeing to as many means of service as possible is preferred.   More often than not, the landlord will be the party giving notice and the benefit of multiple types of service will most often benefit the landlord.  Where possible, commercial leases should include service

Posted in Commercial Real Estate, Contracts/ Agreements, Real Estate Attorney Los Angeles

Usable Versus Rentable Square Footage

Schorr Law’s lead commercial real estate attorney was recently quoted on a popular website – After Class –  explaining the difference between usable square footage and rentable square footage in the commercial leasing context.   This term is sometimes referred to as the loss factor.  A simple way to remember the difference is that usable square footage is the actual space within the walls of the leased premises while rentable space includes a percentage of the common area too. At Schorr Law we help our clients negotiate favorable terms on commercial leases and commercial lease extensions and amendments.  We also have experience litigating nearly every aspect of commercial leasing disputes. To read Mr. Schorr’s recent quotes, click on the link below. What Is “Loss Factor” And How

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Posted in Commercial Lease, Commercial Lease Counseling, Commercial Lease Subletting, Commercial Real Estate, Real Estate Attorney Los Angeles

California Unlawful Detainers – Step by Step Overview

At Schorr Law, understanding and being proficient in the unlawful detainer process is a neccessary part of our practice.  In fact, although many of our cases involve issues of disputed title, partition, wrongful foreclosure, quiet title and even easements, often times one party tries to exert pressure on the other party through the use of an unlawful detainer action.  This is true because unlawful detainer actions are summary proceedings that are resolved on an expedited basis. At Schorr Law, our real estate attorneys also represent commercial landlords and tenants in unlawful detainer proceedings.  On a commercial level, the stakes can be quite high. Often times we are charged with evicting or defending businesses that have been in place for years, if not decades.  No matter how

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Posted in Arbitration, Commercial Lease, Commercial Lease Disputes, Commercial Lease Unlawful Detainer, Commercial Real Estate, Real Estate Attorney Los Angeles

5 Things to Know Before Buying a House in California

Buying a house is a complicated process, especially for a first time homebuyer. At Schorr Law, our real estate attorneys have seen their fair share of good deals (deals that close) and bad deals (deals that do not close).   Our lead attorney, Zachary Schorr, has assisted with the legal aspects of both routine and very complicated multimillion-dollar real estate purchases.   In fact, he has been involved with literally hundreds of millions of dollars in real estate in Southern California.   Here are some useful tips: A Pre-Approval From a Mortgage Broker Is Not the Same As Final Loan Approval. The first step that a savvy buyer will take before purchasing property is to obtain a pre-approval letter from a loan broker explaining that they are

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Posted in Commercial Real Estate, Contracts/ Agreements, Land and Property, Purchase and Sale, Real Estate Attorney Los Angeles

Commercial Lease Indemnity Provisions

At Schorr Law, our Los Angeles commercial real estate attorneys have significant experience litigating all types of commercial leasing disputes.   Those disputes can arise out of the most basic terms or complex risk shifting terms often contained in commercial leases.  For example, most commercial leases contain an indemnity provision that require the tenant to reimburse the landlord for things like a slip and fall that occurs in the common area of a property.   Even though insurance usually covers these types of disputes, it is important to understand every term in a commercial lease – even boilerplate terms. Here is an analysis of a published California opinion dealing with a boilerplate indemnity provision. Morlin Asset Management LP v. Murachanian  The Facts: In summary, a commercial

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Posted in Boilerplate Provision, Commercial Lease, Commercial Real Estate, Real Estate Attorney Los Angeles

Analysis: Anti-Slapp Motions in Landlord Tenant Context

  C.C.P. section 425.16 allows for a special motion to strike “a cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue.” (C.C.P. § 425.16, subd. (b)(1).) The court determines the merits of a SLAPP motion by undertaking a two-step analysis. First, the court decides whether the plaintiff’s cause of action arises from defendant’s protected activity. If the defendant fails to meet this threshold requirement, the SLAPP motion must be denied. If the trial court finds such a showing has been made, it must then determine whether the plaintiff demonstrated a probability of prevailing on the

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Posted in Anti- SLAPP, Commercial Real Estate, Leases, Litigation, Notice to Quit

Can a Landlord Enter Rental Property During a Commercial Tenancy? 

Certain circumstances warrant a landlord’s entry onto the rental property during a commercial tenancy.  Generally, commercial leases explicitly allow a landlord reasonable access rights, i.e. in order to make necessary repairs or renovations to the property.  Additionally, a commercial lease may anticipate the landlord’s right to show the premises to prospective tenants (if and when the existing tenant ready to vacate). On occasion, a landlord’s reasonable right to enter the premises during the lease may be implied.  This depends on the specific wording in the commercial lease and the particular nature of the tenancy.  In addition, when a commercial lease specifically provides that the use of the property and the business conducted thereon, must comply with all laws and regulations applicable to the property, the

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Posted in Commercial Lease, Commercial Lease Unlawful Detainer, Commercial Real Estate, Leases

Specific Performance of Real Property

Individuals and entities enter into a variety of transactions for the purchase and sale of goods. Unfortunately, these transactions are not always successful. In that case the parties involved have several remedies available to them under two broad categories—monetary damages and equitable relief. In cases of failed transactions where one party has breached duties under the contract, the non-breaching party may seek “specific performance” as an equitable remedy. To qualify for this type of remedy, the party seeking specific performance must show, among other factors, that a remedy at law would be inadequate. In other words, the party must demonstrate that no reasonable amount of money will rectify the other party’s breach under the contract. So, another form of remedy is necessary. This usually comes

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Posted in Commercial Real Estate, Litigation, Purchase and Sale, Residential Real Estate, Specific Performance

Proper Service of Eviction Notices in Commercial Unlawful Detainers

Unlawful detainer cases are fast track court proceedings.  They are primarily used by landlords to evict non-paying tenants or tenants who have materially breached the terms of the lease.  However, before filing a lawsuit for unlawful detainer, landlords must properly serve the tenant with a written notice that explains why the tenant is being evicted. (Bevill v. Zoura (1994) 27 Cal.App.4th 694, 697). The unlawful detainer statutes have strict requirements governing the time and methods of service of eviction notices.   However, in a commercial lease setting, the landlord and commercial tenant may lawfully agree to notice provisions that are different that those provided in the statutory provisions governing unlawful detainer. (Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 750).  In fact,

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Posted in Commercial Lease Unlawful Detainer, Commercial Real Estate

Los Angeles Commercial Easement Attorney – Disputes

In our Los Angeles based real estate litigation practice we frequently see adjacent owners of commercial property who provide reciprocal easements with each other.  Generally, reciprocal easements are used when a property is owned by one or more entity and the multiple entities wish to develop the property together.  We see this with shopping centers.  Reciprocal easements can also arise in situations where adjacent owners share a parking lot or adjacent land where it makes sense for the parties to share use of each other’s property. In our real estate practice we have seen situations where disagreements arise regarding the maintenance of the reciprocal easement or the usage.  For example, sometimes one side is responsible for a portion of the maintenance cost of another’s property

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Posted in Commercial Real Estate, Easement, Real Estate Attorney Los Angeles

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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