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

January 1, 2017, Civil Code § 1938 was expanded to require:

A Certified Access Specialist (CASp) report can reduce the  minimum statutory damages and allow for a stay of the lawsuit pending a mediation session with the court.  Effective January 1, 2017, revised Code Section 1938 also requires:

  • A commercial property lessor shall state on

The general “extension rule” of CCP 12a which does apply to 3 Day Notices, does NOT apply to exercise of lease options.  In a commercial lease,  the civil procedure rule extending period to perform any lawfully required act past holidays, including Saturday, to next non-holiday did not apply to lease between commercial tenants and landlords, so the tenants’ attempt to exercise lease option was untimely, although last day to exercise option fell on Saturday and tenants attempted to exercise option the following Monday.
Continue Reading Code of Civil Procedure § 12a does NOT extend time to exercise a lease option (Gans v. Smull (2003) 111 Cal.App.4th 985

foreclosure_evictionA buyer purchasing after a foreclosure sale, can serve a notice to quit to a tenant/former owner before recording the deed, e.g. before title is “perfected”.  Citing Code of Civil Procedure § 1161a and U.S. Financial, L.P. v. McLitus (2016) 6 Cal.App.5th Supp. 1, the Court of Appeal affirmed, stating: “Here we reject the occupant’s

no DogsMost landlords will have a tenant requesting a “service” or “companion” animal and show a vague note from a doctor supporting this request.  This is an area where the unwary landlord can be bitten pretty hard, but here is an idea which may work, even if it may be almost impossible to get the DA or Police to file an action.  Cite Penal Code §365.7 to the tenant and say if he is misrepresenting that his dog is a Licensed or qualified service animal, then you will bring an action against him citing this statute.
Continue Reading Fighting Phony Service Animal Requests (Penal Code §365.7)

Don't pick fight with landlordIt’s been a while, but today I heard of a renegade landlord doing self help, so here is my warning to landlords who are fed up with their tenant.  Stop, call a lawyer or the police before taking the laws into your own hands or risk liability and a large lawsuit.  (See Code of Civil Procedure §789.3)  More below…
Continue Reading Illegal Evictions and Other Landlord No No’s (Criminal and Civil Liability) (CCP §789.3)