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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

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

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Posted in Leases, Residential Lease, Residential Lease Unlawful Detainer

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

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 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.

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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.

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