Attorney’s Fees Revisited

Attorney’s Fees Revisited

This article focuses on attorney’s fees clauses in real estate leases.  The principles here could apply to any written contract.  Often times, the negotiation of attorney’s fees and the implications of having these clause become the “Game Within The Game:”…

Attorney’s Fees

Attorney’s Fees

Attorney’s Fees do NOT Count Towards the Jurisdictional Limit in Limited Jurisdiction Cases In California. This article discusses attorney’s fees in one of the rare cases where we would, and have, represented a Plaintiff in a limited jurisdiction case. As…

New Law January 1, 2011, Required Disclosures

New Law January 1, 2011, Required Disclosures

SB 183 revises the TDS and MHTDS to include a disclosure regarding compliance with the smoke detectors and water-heater bracing laws (eliminating the need for separate disclosure forms). The TDS and MHTDS will also add a disclosure regarding carbon monoxide…

Residential Lease Terminations and Evictions

Residential Lease Terminations and Evictions

We continuously receive inquiries from both Landlords and Tenants regarding termination of tenancies. This article applies to the renewal and termination of residential real property in California cities and municipalities that do NOT have local rent control ordinances (e.g. Santa Monica, Berkeley,…

§ 1031 Exchanges

§ 1031 Exchanges

What is a §1031 Exchange? Section 1031 provides for “Nonrecognition of gain or loss from exchanges solely in kind: (1) In general. No gain or loss shall be recognized on the exchange of property held for productive use in a trade…

Commercial Leasing: Surrender and Termination

Commercial Leasing: Surrender and Termination

In the current recession, commercial landlord’s are just beginning to feel the pressure from tenants seeking rent concession or the outright elimination of their rent obligation. See Wall Street Journal, “Struggling Retailers Press Struggling Landlords on Rent”, January 2009. There…