Blog Archives

When Can a Landlord Keep a Security Deposit?

  Many of us have been renters at one point in our adult lives, so most of us are familiar with security deposits.  A security deposit is there to protect the landlord for the risk they undertake in allowing what is usually a relative stranger to take possession of their property.  If all goes well, the tenant should receive the entire security deposit back when they move out of the landlord’s property.  In fact, if you are a tenant about to sign a residential lease, keep in mind that it is against the law for the landlord to charge you a “nonrefundable” deposit! But when is a landlord entitled to keep a security deposit?  While residential security deposits cannot be nonrefundable, they are usually forfeitable, meaning

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Posted in Leases

Recent Changes to Beverly Hills Rent Control Laws

  On February 21, 2017, the Beverly Hills City Council (“City Council”) voted unanimously to amend its rent control laws.  Specifically, the City Council adopted the Amended Rent Stabilization and Urgency Ordinance (“Amended Ordinance”) to Chapters 5 & 6, of Title 4, of the Beverly Hills Municipal Code (the “BH Rent Control Laws”).  The Amended Ordinance creates the following three major changes to the BH Rent Control Laws: The BH Rent Control Laws now limit rent increases from a maximum of 10% annually to a maximum of 3% annually.  Specifically, Paragraph B of Section 4-6-3 of Chapter 6 of Title 4 now reads, Such increases shall not exceed the greater of: (1) three percent (3%) of the rental rate then in effect, or (2) the percentage

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Posted in Commercial Lease, Residential Lease

Reviewing your Leases with Landlords and Tenants

Landlords, have you reviewed the leases with your tenants? Tenants, have you reviewed your landlord’s lease? Commerce and the press of business often take time away from performing necessary legal due diligence, and in the ever changing world of landlord-tenant law, the down side can cost you rights you may not discover until it’s too late. For instance, there are limitations on waiving the right to a jury trial in residential lease disputes not involving an eviction. While mediation may be an option, it is not required to preserve the right to obtain attorney fees. All you have to do is request mediation, and if the other party declines, you’ve at least preserved your right to seek attorney fees if you win the dispute in

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Posted in Leases

Unlawful Detainer: Evictions Pending Appeal

Landlords who successfully litigate unlawful detainer actions should think twice before evicting the tenant from the premises.  This is because tenants normally have a right to appeal the judgment.  Indeed, this issue was front and center in Breach Break Equities, LLC v. Lowell. The facts of the case are simple.  The trial court entered judgment against the tenant and issued a writ of possession.  Subsequently, the tenant appealed the judgment.  Nonetheless, while the appeal was pending the landlord evicted the tenant from the premises and sold the tenant’s property to a third party.  (See Breach Break Equities, LLC v. Lowell  (2016) 6 Cal.App.5th 847, 850-51.) The California Court of Appeal heard the case and reversed the possession order.  Moreover, because the landlord prematurely evicted the tenant the Court of Appeal

Posted in Commercial Lease, Commercial Lease Unlawful Detainer, Leases, Real Estate Attorney Los Angeles, Residential Lease, Residential Lease Unlawful Detainer, Writ of Possession

Estimated Rent in Commercial Tenancies CCP 1161.1

Unlike residential unlawful detainer actions, in commercial unlawful detainers the landlord is allowed to provide a three day notice of estimated rent provided the landlord indicates in the notice that it is in fact a reasonable estimate of the amount past due. California Code of Civil Procedure section 1161.1 (e) further provides that there is a presumption that the estimate is reasonable if it is within 20 percent of the amount actually due. If it is not, then it may not support an unlawful detainer for non-payment of rent. 1161.1 is worth reading if you are a tenant facing eviction by a landlord. It also has some interesting prevailing party language. It provides the following: “if (1) upon receipt of such a notice claiming an amount

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

California Statewide AirBnB Laws Coming?

There was an interesting article in the LA Times today that talks about California’s ongoing struggle with how to deal with short term vacation rentals.  Here is a link to the article.    Typically, short term vacation rentals are regulated by the local city.  This is true because the city is responsible for collecting transient occupancy taxes.  The short term vacation rules vary by City depending on minimum night stay, the percentage of taxes and the reporting requirements. The problem with giving the regulatory power to the state is it is impossible to pass a uniform law dealing with vacation rentals that can adequately address the varying needs for cities across California.  For example, a law severely limiting vacation rentals in Los Angeles may be a

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Posted in Lodgers, Real Estate Attorney Los Angeles, Residential Lease, Short Term Lease/ Rentals

New Senate Bill Makes it Easier to Build “Granny Units”

In an effort to create more affordable housing, Governor Jerry Brown signed two bills that will expedite and allow granny units to be created in single-family and multi-family homes. Assemblyman Richard Bloom and Senator Bob Wieckowski, keeping in mind the housing affordability crisis in California, created the two bills. Senate Bill 1069, otherwise known as SB 1069 went into effect as of January 1, 2017. SB 1069 is meant to make it easier for homeowners to build “accessory dwelling units” (no longer called second units). Of course, with the approval of this new Senate Bill, come conditions that would need to be met. For a list of these provisions, please go to the California Legislative Information website. If anyone is planning to eventually lease/rent an

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Posted in Development, Homeowners, Land and Property, Leases, Real Estate Attorney Los Angeles, Residential Lease

6 Celebrities Who Faced Eviction

  Normal everyday citizens are not the only ones who have real estate problems. Celebrities have them, too. Sometimes, its the celebs who are most famous, and who we would least expect to, who go through these issues. Behold, here are five (or six) celebrities who faced eviction at some point in their lives. Tyga In 2016, Hip-hop star Tyga was reportedly being evicted (again) from his then home in the Hollywood Hills. Tyga had been allegedly late on payments, resulting in roughly $70,000 in back rent (rent was $17,000 a month). Later this year, it was said that the Landlord had reached a settlement with the hip-hop star. Kim Zolciak In 2014, The Real Housewives of Atlanta star, Kim Zolciak, was allegedly facing eviction from

Posted in Leases, Lien On Property, Residential Lease, Residential Lease Unlawful Detainer

The Rams Effect in Los Angeles

The Rams coming back to Los Angeles was one of 2016’s trending topics, as Angelinos were excited to have an LA football team once again. With the return of the Rams, and a new stadium being underway, came a big impact in Los Angeles real estate. Just last month in October, there was an apartment complex in Hawthorne (an area near Inglewood) that sold for a breaking $25.8M! The price per square feet for that apartment complex was a whopping $305. Commercial properties in the area are selling from $300 up to $2,400 per square feet. Some of these commercial properties are even being advertised as being “next to Rams Stadium!” There are a lot of small business scattered near and around the area where

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Posted in Commercial Lease, Purchase and Sale, Real Estate, 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

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 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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