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
The “normal” statute of limitations does NOT apply to foreclose using a power of sale on a Deed of Trust (e.g. private sale)!
Logically, the 4 year statute of limitations of Civil Code §387(1) applies to breach of a promissory note secured by a deed of trust. But foreclosure on the deed of trust is not limited to the “normal” statute of limitations. In Trenk v. Soheili, (Dec. 2020) B295434, (Los Angeles County Super. Ct. No. PC058343), the
SB 1079 Civil Code 2929.3 is amended adding Section 2924f –Foreclosure Purchases for the common man
January 1, 2021, the new Civil Code § 2924f Click here for text of AB1079 and Civil Code 2924f prohibits bundled residential foreclosure packages to be sold. Sometimes lenders as part of the foreclosure would at auction bundle several properties together selling them to a single buyer. The new law requires foreclosed homes to be
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
AIR Leasing Forms Compared to the CAR Commercial Lease Form
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
Should I use the CAR or AIR Form Agreement to Purchase Commercial Real Estate ?
Should I use the CAR or AIR Form Agreement to Purchase Commercial Real Estate ?
Here is this article as a pdf with the actual provisions discussed. Click here: AIR vs. CAR Real Estate Purchase Forms which to use
Most (90%+) of California realtors use either AIR CRE Standard Offer, Agreement And Escrow Instructions
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
LA County Accepts Electronically Notarized Documents!
Los Angeles County now accepts online notarization. LA County Recorder Accepts Electronic Notarization
Essentially you Facetime the notary, provide your ID and they email you the notarization certificate and document notarized. It is the absolute best way to notarize. I’m sure its only a matter of time for the fraudsters to exploit it.
I have
Simkin’s Published Real Property Journal Article on the New Statewide Rent Control Civil Code §§1946.2, 1947.12
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
Non-Profits may sell ADU’s Separately from the Primary Structure! — Government Code §65852.26
Government Code §65852.26 states that if local laws permit, then a non-profit may sell ADU’s separately from the primary property to low income persons. The property must also be sold as a tenant in common interest. I am not sure how useful this will be.