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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

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

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Posted in Commercial Lease

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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