Blog Archives

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

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

Terminating the Tenancy via a 60-Day Notice prior to filing an Unlawful Detainer

  Civil Code section 1946.1 requires that a landlord give a residential non-fixed term tenant who has resided in the unit for at least one year at least 60-days’ notice of termination. If a jurisdiction is not subject to local rent control, a landlord typically does not need to state his or her reason for serving the notice—the notice to terminate can be served for any reason or no reason at all. (See People ex rel. Dept. of Transp. v. Lucero (1980) 114 Cal.3d 166, 174-176.) However, a landlord is not permitted to evict a tenant for retaliatory reasons. (Civ. Code § 1942.5) Accordingly, a landlord can avoid a successful retaliatory eviction defense by providing the tenant a “good faith” reason for his or her

Tagged with: , , , , ,
Posted in Leases, Residential Lease, Residential Lease Unlawful Detainer

Celebrity Evictions – Beyonce and Jay Z Forced to Move out of Los Angeles Home

There was an interesting article on la.curbed.com last week about Beyonce and Jay Z’s rental. Apparently, the couple has been renting a home in Holmby Hills for between $150,000 and 200,000 per month. The reason they are being kicked out is not due to any problems arising out of their tenancy – the house sold for $35.5 million. This begs the question of what happens when a house is sold or other real property is sold. The answer depends on the nature of the lease and whether the lease was recorded.   For example, if you have a month to month lease and the property is sold the seller or even the new owner can generally terminate the lease upon 30 days notice (or 60 days

Tagged with: , , , ,
Posted in Ownership, Residential Lease, Residential Lease Unlawful Detainer

Homeowner’s Rights When Removing a Lodger

Recently, Schorr Law’s lead attorney Zachary Schorr was asked to appear on ABC’s Nightline to speak about a recent news story involving a live-in nanny who, upon being fired, refused to vacate the room that she had been allowed to live in as part of her employment.  Zachary Schorr’s appearance on Nightline can be viewed at http://www.schorr-law.com/zachary-schorrs-appearance-on-abcs-nightline.   In that story, the live-in nanny held the position that she was entitled to the right’s of a tenant and, therefore, the homeowners would have to go through formal eviction procedures to get her out of their home.    The story raised some interesting issues regarding some of the dangers that homeowners risk by allowing third parties prolonged access to their property. Interestingly, in some instances, homeowners who allow

Tagged with: , , ,
Posted in Homeowners, Lodgers, Real Estate, Residential Lease Unlawful Detainer

Effect of Bankruptcy Filing on Residential Unlawful Detainer

The general rule that the filing of a bankruptcy petition results in an automatic stay in a lawsuit and post-judgment collection is not as straightforward in the context of residential unlawful detainer actions in California.   The rule for unlawful detainers in California is a residential tenant’s bankruptcy filing does not stay eviction under an unlawful detainer judgment obtained  before the filing of the bankruptcy.  11 USC section 362(b)(22). In other words, if the landlord has already obtained a judgment against the tenant in an unlawful detainer action, the tenant’s post-judgment filing of a bankruptcy petition will not result in an automatic stay.  In that situation the landlord will still be able to obtain a writ of possession and recapture possession of the property. The

Tagged with: , , , ,
Posted in Lease Bankruptcy, Real Estate Attorney Los Angeles, Residential Lease Unlawful Detainer

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

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

Contact Schorr Law

Super Lawyers

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.

Need Representation?

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.

AVVO 10.0

Zachary Schorr Avvo Rating

Avvo Clients’ Choice Award Recipient

Zachary Schorr Avvo Client's Choice Award