Stephen Hammers’ Lease Litigation Blog
Stephen Hammers is an Orange County attorney specializing in lease litigation and other real estate law. His articles below are intended for businesses involved in commercial leases, landlords, tenants, property managers and HOA boards and members.
LANDLORD UNABLE TO INCREASE RENT ON TENANT
The Appellate Court in the First District struck another ruling in favor of rent control this week. The residential landlord was surely displeased with this pro-tenant ruling. Mosser Companies (landlord) owns a nine-unit residential apartment building in San Francisco. The apartment at issue in this case is subject to rent control under the San Francisco […]
CHARITABLE SOLICITATION LIMITED BY COURT OF APPEAL
The Fifth District Court of Appeal has announced an important ruling in Donahue Schriber Realty Group v. Nu Creation Outreach, Case No. F068287. The case pertains to the right to solicit charitable donations on sidewalks near store entrances. A number of business and real estate clients of Price, Crooke, Gary & Hammers and Stephen Hammers […]
HOW TO KEEP COMPETITORS OUT OF YOUR RETAIL SPACE
Most retail shops operating in a mall or other commercial area would like a guarantee that the landlord will not rent to a competing business. This guarantee is often negotiated in the lease as an “exclusive use” provision. Here are some things to consider when negotiating exclusive use provisions: What’s the use? Commercial tenants should […]
LESSEE LIABLE FOR SLIP AND FALL?
If you are a commercial tenant, running a business and occupying under a commercial lease, can you be liable for injuries if a visitor or other passerby slips and falls outside your business? The answer depends on a number of factors. The most important, however, may be a Court’s assessment of legal responsibilities of landlord […]
A Lesson for Landlord Attorneys: Mind the Details
The recent case of Bank of New York Mellon v. Preciado (2014 S.O.S. JAD14-06) serves as a good reminder to commercial landlords to pay close attention to details when dealing with residential evictions. When commercial lenders take properties back by way of foreclosure, they often must deal with the unfortunate remaining task of doing an […]