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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 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

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

A Reasonable Estimate of Rent Due in Commercial Unlawful Detainers

Our commercial unlawful detainers frequently deal with complex demands for rent due.  In fact, we recently had a case where the landlord sought over $1 million in past rent allegedly due from our client over the course of less than one year.  When the numbers are this large or the rent calculations are complex it can be difficult to determine the exact amount of rent due as is required in residential unlawful detainer action.   There general rule is that “because of the summary nature of an unlawful detainer action, a notice is valid only if the lessor strictly complies with the statutorily mandated notice requirements.”  (Bevill v. Zoura, (2001) 27 Cal.App.4th at 697).  In order for a lease to be forfeited at common law, the landlord was

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Posted in Commercial Lease Unlawful Detainer

Notice to Pay or Quit based on Reasonable Estimate of Rent Due in Commercial Unlawful Detainers

Last month we discussed the importance of properly serving a notice to pay rent or quit in a commercial unlawful detainer setting where the lease has specific notice provisions.  Another area where commercial and residential unlawful detainer actions differ is how a landlord may state a rent demand on the notice to pay rent or quit.  This is important because we handle both types of unlawful detainer cases in Los Angeles and our Los Angeles based unlawful detainer attorneys understand the intricacies of the statutory procedures for 3 day notices to pay rent or quit. Generally, a notice to pay rent or quit must state the precise amount of rent owed.  (Gages v. Bates (1870) 40 Cal. 384).  This requirement always applies in the residential unlawful detainer setting – any

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Posted in Commercial Lease Unlawful Detainer, Notice to Quit

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

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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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