Blog Archives

Commercial Lease Notice Provisions Strictly Construed

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 designate in the lease any form of service that they can agree upon, including email service. 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.  Accordingly, the landlord will benefit from having multiples types of service available to effectuate service.   Where possible, commercial leases should include service by: (1) mail, (2) facsimile, (3) email, and (4) in person. No matter what

Tagged with: , ,
Posted in Commercial Lease

Los Angeles Commercial Lease Counseling – Arbitration Provisions

Arbitration Provisions in Commercial Leases Continuing our series on important things to consider when you enter into a commercial lease we now turn our focus to arbitration provisions in commercial leases. Many leases contain contractual arbitration provisions.  Arbitration is a technique for resolving disputes outside of the court system.  In arbitration, the parties to a dispute allow an arbitrator (typically a retired judge) to resolve their dispute and agree to be bound by the arbitrator’s decision – no matter what it is.  There are a few key differences between arbitration and the court system.  For example, consider these salient differences: No right to a jury trial.  In arbitration you do not have the right to a jury trial.   The arbitrator(s) make the final decision

Tagged with: , , , , , , ,
Posted in Arbitration, Commercial Lease, Leases

3 Day Notices in Commercial Leases Must Comply With the Terms of the Lease

Proper service of a valid notice to pay rent or quit is a prerequisite to an unlawful detainer action.  (Bevill v. Zoura (1994) 27 Cal.App.4th 694, 697).  “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.”  (Id. (emphasis added)).  In fact, proper service of a notice to pay rent or quit is a necessary element of the UD Claim.  (See CACI No. 4302 [“To establish this claim, [plaintiff] must prove all of the following: …. That [plaintiff] properly gave [defendant] three days’ written notice to pay the rent or vacate the property”;  See also CACI No. 4304 (Sufficiency and Service of Notice of Termination for Failure to Pay Rent)). The unlawful detainer statutes have strict requirements governing

Tagged with: , , ,
Posted in Commercial Lease

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