Brewer v. Patel (1993) 20 Cal.App.4th 1017 made it clear that “on call” or “stand-by” time or waiting time is not compensable to property managers when they are waiting for a plumber or prospective renter to show up. Brewer v. Patel concerned a motel employee who was required to live on the premises, but only
Landlord Tenant
AB832 New July – September 2021 Statewide Covid Related Rent Laws (As of June 25, 2021)
The California state legislature has passed, and the governor signed, AB832. Here is the text of AB832
See also Governor Newsom AB832
The highlights are:
- Extension of Moratorium. Senate Bill 91, the statewide eviction moratorium and rental assistance bill, is to be extended though and including September 30, 2021, and then no further extensions.
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Non-Tenants Do Not have Fair Housing Rights! See Salisbury v. City of Santa Monica, No. 20-55039 (2021) “no parking for you”
Conformed pages Complaint Finally, common sense prevails in Santa Monica “related to housing laws”! In the Federal (9th Circuit) case of Salisbury v. City of Santa Monica (2021) What is even more entertaining, is the video argument. Check it out: Salisbury Video of Oral Argument Judge Bea is so cool and old school, really knows…
Residential Tenants Cannot Be Compelled to Arbitrate and waive their right to jury trial (Civil Code §1953)
Residential leases, in any facility where a person “resides”, cannot contain a mandatory arbitration clause. The plain language of Civil Code Section 1953 states that waivers of litigation rights in a lease or rental agreement are void as public policy, and Civil Code section 1940 extends these rights to tenants, lessees, boarders, or others of…
Tenant (nor landlord) can withdraw a 30 day notice to vacate
Neither the landlord or tenant can withdraw a 30 day notice to vacate. “When a valid notice to quit is given by landlord or tenant the party to whom it is given is entitled to count upon it and it cannot be withdrawn without the consent of both parties.” (See Devonshire v. Langstaff (1935) 10…
Chart describing which form to use for Evictions during Covid-19 in California
It is confusing which eviction notice to use and when the money is due, or not due, under the current Covid-19 eviction rules. This chart may help point you in the right direction. But use a lawyer, these are only basic instructions. Click here to download this chart: Which Covid Forms to serve
Lease Notices only need to be “mailed” not received. (But didn’t Trump say not to trust the Post office?)
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 New Covid-19 Rent Laws as of September 2020 (AB3088)
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…
Comparison of the AIR vs. CAR Commercial Leasing Forms (With Hints!)
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!)
Frustration of Purpose as Defense to Commercial Tenant Covid-19 Breach of Lease
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…