The mail box rule survives.  Many leases, including the AIR leases, provide that notices are “deemed given” if they are “addressed as required herein and mailed with postage prepaid.” This case involved a certified mail letter, which does not require handing it to the post man, just “mailing it”.  The result is all a landlord

The current primary laws affecting residential tenancies are the CDC Agency Order Published September 4, 2020 and California’s AB3088 enacted August 31, 2020 aka The California Tenant, Homeowner, and Small Landlord Relief and Stabilization Act.  Commercial evictions for non-payment of rent may still be limited through Governor Newsom’s September 23, 2020 Executive Order extending the

Should I use the AIR CRE Commercial Leasing form of the CAR Commercial Leasing form?  The lawyer answer is that they are similar but different!  Most of the time the AIR form should be used, but both have pros and cons for landlords and tenants.  See this attached memo with snippets of the clauses discussed or read below.  Click here: AIR vs. CAR Commercial Leasing Forms  Please let me know what you think of my comments.

Nine AIR Commercial Leasing Forms vs. One CAR Commercial Leasing Agreement?

Most California commercial leasing transactions use one of the AIR CRE Commercial Leases (“AIR Forms”) or the CAR Commercial Lease form (“CAR Form”).  The AIR Forms are very inclusive at 20+ pages, are balanced for the landlord and tenant, but may not be the right choice for every commercial lease.  The CAR Form is user friendly at 6 pages, but only covers the basics.  The AIR CRE forms have specific leases for office, single, multi-tenant, ground leases and for shopping centers.  AIR also offers addendums for arbitration, options to extend, rent adjustments, right of first refusal, etc.  The primary difference between the AIR and CAR forms are detailed assignment of responsibility. Read more below:
Continue Reading Comparison of the AIR vs. CAR Commercial Leasing Forms (With Hints!)

There are several legal doctrines to examine to determine if a commercial tenant’s lease obligations are excused.  The start is Civil Code §1511 and Civil Code §1514  This post examines  the doctrine of “frustration of purpose” which is close to the related “impossibility of performance” doctrine, but frustration more properly relates to the consideration for

California’s new statewide residential rent and eviction control laws change almost 150 years of legal precedent.  The new rent control rules are contained in Civil Code section 1946.2 concerning termination of tenancies which now require “just cause” and Civil Code section 1947.12 concerning limitations on rent increases. Landlords must also be cognizant of additional new

Waiver of the right to a jury trial cannot be imposed as a sanction.  In a Los Angeles unlawful detainer action, the pro per tenant (who was also pro per on appeal) appeared on the trial date without complying with a Los Angeles County Superior Court Civil Division unlawful detainer standing order. The court found

The primary published case is Del Monte Properties & Investments, Inc. v. Dolan (2018) 26 Cal.App.5th Supp. 20, 24.  In Del Monte the Court held that the landlord must prove that the actual losses caused by late payment of rent were extremely difficult or impracticable to determine. Moreover, an agreement to the term setting