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.
HOA’s cannot prohibit ADU’s Civil Code §4751
CC&R’s cannot impose restrictions on the addition of ADU’s, including Junior ADU’s. Civil Code §4751 states that CC&R’s can impose “reasonable restrictions” so long as they do not interfere with Sections 65852.2 or 65852.22 of the Government Code. This probably means submitting plans for approval to their design approval board and paying a small fee
ADU’s Build Them While You Can SB 13 — Government Code §65852.2
The legislature has passed several bills promoting additional housing loosening up restrictions on building Accessory Dwelling Units (ADU’s). Until 2025, new for January 2020, Senate Bill 13 adds Government Code §65852.2, and removes Health and Safety Code 17980.12 restrictions as to land use. The new law now allows ADU’s up to 1,200 sq. feet to
What Are the Buyers and Seller’s Closing Costs in Los Angeles for Residential Property Sales
While most things are negotiable, there are a few items which by law are allocated to the seller or buyer. Even if allocated, so long as the legal obligation to perform is done, the parties can negotiate who pays for what. See this memo as to costs applicable in Los Angeles including retrofit. See this
2019 New Laws for Real Estate Issues
Here is a summary of some of the larger new real estate oriented laws for 2019.
- Landlord Tenant: Evictions – Three Days’ Notice Excludes Holidays and Weekends: When counting a three days’ notice to pay rent or quit or a three days’ notice to perform covenant or quit, or in responding to a complaint