LANDLORDS

A variety of legal issues confront landlords. What are their rights under the law? How does the lease affect those rights? How can a landlord make sure she’s made the best possible deal?

Once a lessor transfers possession of a home or commercial property to a tenant, other concerns arise. How can the lessor make sure that the lessee lives up to his legal responsibilities? What steps must the lessor take to ensure that she does not inadvertently violate the lessee’s rights and give the lessee an excuse to not pay rent?

And if a tenant isn’t paying the rent or otherwise violates the lease, how can the landlord solve the problem quickly and efficiently? If a lawsuit is necessary, what steps must the landlord take to win in court?

I have years of experience helping landlords solve these problems. To find out how, click on the appropriate tab.

RESIDENTIAL LANDLORDS

I offer four services to residential landlords: Rent control counseling, renting tips, dealing with problem tenants (including evicting them), and representing landlords in lawsuits.

Rent Control Counseling: Los Angeles, Santa Monica, Beverly Hills and West Hollywood each have their own rent control laws. Each city regulates rent increases and limits the grounds for evicting tenants, but the details of their respective laws differ.

If you’re in the process of buying an apartment building, I can explain the governing rent control law to you so that you can make an informed decision on whether or not to buy in a particular area. If you already own, I can help you craft a strategy to help you maximize rents or remove problem tenants.

Renting Tips: The best way for a landlord to steer clear of problems is to avoid renting to bad tenants, and to have suitable tenants sign a lease that protects all of the landlord’s interests.

I can’t overemphasize that the most common and costly mistake small landlords make is renting to the wrong tenants. I can give you several simple tips that will help you identify the types of tenants that are likely to not pay their rent or cause other problems.

You can lose the benefits gained by renting to good tenants if you use a substandard lease. Although many form leases are good, none deal properly with all of the issues that I’ve encountered in my years as a landlord-tenant lawyer. (One area where most fall short has to do with late fees.) As part of your consultation with me, I’ll give you a lease I’ve drafted that protects all of your interests.

Problem Tenants: If you do have a bad tenant, such as one that’s damaging the property, interfering with other tenants, or not paying rent, I can help you evict him or her. Evictions are costly and take time, even when they go smoothly. This fact makes understanding your rights, renting to good tenants only, and using the best possible lease all the more important.

Litigation: Landlords often have to sue or defend lawsuits involving ex-tenants, vendors and others over money. I have 20 years of experience representing landlords in all types of lawsuits.

COMMERCIAL LANDLORDS

I can help you in four general areas: lease negotiation and drafting, dealing with tenant problems, evicting tenants when necessary, and representing you in non-eviction litigation.

Lease Negotiation and Drafting: Commercial landlords often pay substantial broker commissions to secure tenants. Many landlords, though, skimp when it comes to lease preparation. I can help you negotiate and draft a lease that protects your interests with respect to rent payments, tenant improvements commissions paid to brokers and other issues.

Solving Tenant Problems: Because commercial landlords incur substantial upfront costs in securing tenants, they are often better served by trying to resolve disputes with tenants informally before unleashing a flurry of “lawyer letters” or rushing off to court. I have years of experience dealing with problem tenants, and can advise you on how to resolve conflicts quickly and economically.

Evictions: Sometimes, landlords have no choice but to evict tenants, particularly if the tenant is simply not paying the rent. I have handled countless landlord-tenant cases, and can represent you in court competently and aggressively when necessary.

Litigation: Landlords often have to sue or defend lawsuits involving ex-tenants, vendors and others over money. I have 20 years of experience representing landlords in all types of lawsuits.

TENANTS

A variety of legal issues confront tenants. What rights do renters have under the law? How does the rental agreement affect those rights? How can a tenant negotiate the best possible deal?

Once a tenant is in possession of a home or commercial property, other concerns arise. How can the tenant get the landlord to live up to his legal responsibilities? What can a tenant do to insure that the landlord does not from interfere with the tenant’s use and enjoyment of the premises?

And if a landlord won’t respect a tenant’s rights, or work with a tenant to solve a problem informally, how can the tenant prosecute or defend a court case?

I have years of experience helping tenants solve these problems. To find out how, click on the appropriate tab.

RESIDENTIAL TENANTS

If you’re about to rent a house or an apartment, you will sign a binding contract obligating you to pay tens of thousands of dollars. Smart people know that paying a lawyer to review a contract before signing it is money well spent.

I am one of the few lawyers devoting a substantial percentage of his or her practice to working with tenants. If you consult with me before you rent, I can help you understand and protect your rights and avoid costly mistakes regarding:

• Rental Agreements and Leases 
• Rent Control 
• Roommate Issues 
• Security Deposits 

Although I can’t guarantee it, I can often suggest and negotiate lease modifications that save you enough money to cover my fee!

Once you’ve rented, I can advise you on how to protect your rights and resolve any disputes that arise, including those involving:

• Repairs and Habitability 
• Rent Payments and Increases 
• Harassment by Landlords 
• Reduction in Amenities and Services 
• Subleases and Roommates 
• Problematic Neighbors 
• Security Deposits 

These disputes have a nasty habit of mushrooming into eviction lawsuits. Eviction lawsuits are always expensive to defend, and eviction court is not tenant-friendly. Therefore, prudence dictates that you allow me to craft a strategy for solving your problem that doesn’t expose you to eviction.

If you do receive an eviction notice or lawsuit, call me immediately! I can:

• Help You Respond to an Eviction Notice 
• Explain the Eviction Process and Potential Defenses to You 
• Help you Prepare and File Court Papers and Represent Yourself 
• Defend You in Court 

The worst thing you can do is ignore a notice or lawsuit and blow a deadline! Even if you haven’t paid your rent, there are many defenses you can raise. I have years of experience defending tenants and often win cases that appear hopeless. And if your case is weak, I can often buy you time to move, reduce the damages you’ll pay, and prevent entry of a judgment against you.

COMMERCIAL TENANTS

If you’re about to rent commercial space for your business, you will sign a contract obligating you to pay tens of thousands of dollars. Smart people know that paying a lawyer to review a contract before signing it is money well spent.

If you consult with me before you rent, I can help you understand your rights, protect them, and avoid costly mistakes regarding:

• Standard Terms in Rental Agreements and Leases 
• Tenant Improvements and Fixtures 
• Maintenance and Repairs 
• Assigning and Subleasing, Options to Extend, and other Clauses 

Although I can’t guarantee it, I can often suggest and negotiate lease modifications that save you enough money to cover my fee!

If you’re already renting, I can advise you on how to protect your rights and resolve any disputes that arise, including those involving:

• Rent Payments and Increases 
• Maintenance and Repairs 
• Assigning and Subleasing 
• Business Interference 
• Lease Extensions 
• Any other Problem with your Landlord or Neighboring Tenants 

Disputes with Landlords often mushroom into eviction lawsuits. Eviction lawsuits are expensive to defend, and eviction court is not tenant-friendly. Since the survival of your business may be at stake, prudence dictates that you allow me to craft a strategy for solving your problem that doesn’t expose you to eviction unless absolutely necessary.

If you do receive an eviction notice or lawsuit from your landlord, contact me immediately! I can:

• Help You Respond to an Eviction Notice 
• Explain the Eviction Process and Potential Defenses to You 
• Help you Prepare and File Court Papers and Represent Yourself 
• Defend You in Court 

The worst thing you can do is ignore a problem with or notice from your landlord! Even if you haven’t paid your rent, you have rights. Since your business is important to you, protect your livelihood by using my years of experience defending commercial tenants to your advantage.

BUYING A HOME

Buying a home may be the most important investment you make. When you buy, you will sign a binding contract obligating you to pay hundreds of thousands of dollars. Although your real estate agent can help you find the right house at a price that makes sense, he or she cannot give legal advice.

Smart people know that paying a lawyer to review a contract before the deal closes is money well spent. If you consult with me you before signing the Purchase Contract or before escrow closes, I can help you understand your rights, protect them, and avoid costly mistakes by:

• Reviewing the Purchase Contract and Escrow Instructions to make sure your interests are protected. Questions that often arise include:

– Do you have enough time for your financing, inspection and appraisal contingencies?

– Can you cancel the sale if you want or need to? If you cancel the sale, is your deposit refundable? 

– Should you agree to an arbitration or mediation clause? 

– Should you let the seller remain in possession after close of escrow? 

– Does the contract identify personal property that you believe is included in the deal? 

• Advising whether you should take title in the form of community property, joint tenancy or tenancy in common. 
• Reviewing the Preliminary Title Report and discussing Title Insurance issues with you. 
• Advising you on important Homeowners’ Insurance Policy issues. 

If a problem arises after you have signed a Purchase Contract, I can help you solve it. I have years of experience helping homebuyers protect themselves against unscrupulous sellers. Special laws and procedures govern real property disputes. If you find yourself in a dispute with the seller, contact me right away so that you don’t lose important rights.

If you haven’t selected a buyer’s agent, I can help you select the most qualified person in the area in which you are looking. I am also a licensed California Real Estate Broker. If you work with an agent that I refer you to, that agent will pay me a referral fee, which is often sufficient to cover the cost of the legal services I provide.

BUYING AN APARTMENT BUILDING

Buying an apartment building is a big investment. Smart investors know that consulting with a lawyer before signing a contract is the best way to prevent legal problems from arising later on.

I can help you understand your rights, protect them, and avoid costly mistakes by:

• Reviewing the Purchase Contract and Escrow Instructions to make sure your interests are protected. 
• Representing you aggressively and skillfully if you have a dispute with the seller or a real estate agent during escrow or after the deal closes. 
• Rent Control Counseling 

Los Angeles, Santa Monica, Beverly Hills and West Hollywood have their own rent control laws. Each city regulates rent increases and limits the grounds for evicting tenants, but the details of their respective laws differ.

If you’re in the process of buying an apartment building, you should first determine whether it is subject to a local rent control law. If it is, I can explain the governing rent control law to you so that you can make an informed decision on whether or not to buy in a particular area. If you already own, I can help you craft a strategy to help you maximize rents or remove problem tenants.

Understanding Landlord Rights and Responsibilities. Landlords must understand their rights and responsibilities with respect to renting their units and dealing with tenants. Those who don’t tend to make costly mistakes. If you consult with me, I can teach you how to avoid common landlord blunders.

If you haven’t selected a real estate agent, I can help you select the most qualified person to represent you in your purchase. I am also a licensed California real estate broker. If you work with someone that I refer you to, that agent can pay me a referral fee, which may cover or help offset the cost of legal services I provide.

BUYING COMMERCIAL PROPERTY

Buying commercial property is a big investment. Smart investors know that consulting with a lawyer before signing a contract is the best way to prevent legal problems from arising later on.

I can help you understand your rights, protect them, and avoid costly mistakes by:

• Reviewing the Purchase Contract and Escrow Instructions to make sure your interests are protected. 
• Performing due diligence to advise you of potential title, land use, environmental or landlord-tenant problems. 
• Representing you aggressively and skillfully if you have a dispute with the seller or a real estate agent during escrow or after the deal closes. 

If you haven’t selected a real estate agent, I can help you select the most qualified person to represent you in your purchase. I am also a licensed California real estate broker. If you work with someone that I refer you to, that agent can pay me a referral fee, which may cover or help offset the cost of legal services I provide.

SELLING A HOME

Selling a home often involves two contracts: one with the broker handling the listing, and one with the buyer. Smart people know that paying lawyers to review contracts before signing them is money well spent.

If you consult with me before signing a Listing or Purchase Agreement, I can help you understand your rights, protect them, and avoid costly mistakes by:

• Negotiating the Listing Agreement so that: The commission is as low as possible. Everything is negotiable, and commissions are no exception! The term is right. You don’t want to tie yourself to the broker for too long. The broker’s marketing obligations are spelled out. The Listing Agreement should require your broker to do more than put the property in the MLS. 
• Insuring that the Purchase Contract protects your interests. For example: Does the contract have loopholes that allow the buyer to break it if he or she wants to? Is the deposit big enough, and is it refundable? Have you made all the right disclosures? Should you agree to an arbitration or mediation clause? Does the contract clearly reflect what personal property, if any, is included in the sale? 

If a problem arises after you’ve signed the Listing Agreement or Purchase Agreement, I can help you solve it. I have years of experience helping home sellers protect themselves against unscrupulous brokers and buyers. Special laws and procedures govern real property disputes. If you find yourself in a dispute with a broker or buyer, contact me right away so that you don’t lose important rights.

If you haven’t hired a broker, I can help you select the most qualified person in the area in which you are looking. I am also a licensed California real estate broker. If you work with an agent that I refer you to, that agent will pay me a referral fee, which is often sufficient to cover the cost of the legal services I provide.

SELLING AN APARTMENT

Selling an apartment building often involves two contracts: one with the broker handling the listing, and one with the buyer. Smart people know that paying lawyers to review contracts before signing them is money well spent.

If you consult with me before signing a Listing or Purchase Agreement, I can help you understand your rights, protect them, and avoid costly mistakes by:

• Negotiating the Listing Agreement so that: The commission is as low as possible. Everything is negotiable, and commissions are no exception! The term is right. You don’t want to tie yourself to the broker for too long. The broker’s marketing obligations are spelled out. The Listing Agreement should require your broker to do more than put the property in the MLS. 
• Insuring that the Purchase Contract protects your interests. For example: Does the contract have loopholes that allow the buyer to break it if he or she wants to? Is the deposit big enough, and is it refundable? Have you made all the right disclosures? Should you agree to an arbitration or mediation clause? 

If a problem arises after you’ve signed the Listing Agreement or Purchase Agreement, I can help you solve it. I have years of experience helping sellers protect themselves against unscrupulous brokers and buyers. Special laws and procedures govern real property disputes. If you find yourself in a dispute with a broker or buyer, contact me right away so that you don’t lose important rights.

If you haven’t hired a broker, I can help you select the most qualified person in the area in which you are looking. I am also a licensed California real estate broker. If you work with an agent that I refer you to, that agent will pay me a referral fee, which is often sufficient to cover the cost of the legal services I provide.

SELLING COMMERCIAL PROPERTY

Selling commercial property often involves two contracts: one with the broker handling the listing, and one with the buyer. Smart people know that paying lawyers to review contracts before signing them is money well spent.

If you consult with me before signing a Listing or Purchase Agreement, I can help you understand your rights, protect them, and avoid costly mistakes by:

• Negotiating the Listing Agreement so that: The commission is as low as possible. Everything is negotiable, and commissions are no exception! The term is right. You don’t want to tie yourself to the broker for too long. The broker’s marketing obligations are spelled out. The Listing Agreement should require your broker to do more than put the property in the MLS. 
• Insuring that the Purchase Contract protects your interests. For example: Does the contract have loopholes that allow the buyer to break it if he or she wants to? Is the deposit big enough, and is it refundable? Have you made all the right disclosures? Should you agree to an arbitration or mediation clause? 

If a problem arises after you’ve signed the Listing Agreement or Purchase Agreement, I can help you solve it. I have years of experience helping sellers protect themselves against unscrupulous brokers and buyers. Special laws and procedures govern real property disputes. If you find yourself in a dispute with a broker or buyer, contact me right away so that you don’t lose important rights.

If you haven’t hired a broker, I can help you select the most qualified person in the area in which you are looking. I am also a licensed California real estate broker. If you work with an agent that I refer you to, that agent will pay me a referral fee, which is often sufficient to cover the cost of the legal services I provide.

NEIGHBOR DISPUTES

Disputes with neighbors are vexing. Fights over boundary lines, barking dogs, and inappropriate property uses not only involve complex and sometimes conflicting legal principals, but almost always rile emotions as well.

If you find yourself in such a dispute, you need a knowledgeable and experienced real estate lawyer. Because if your neighbor is threatening to tear down a fence that you think is on the property line and he now claims is on his land, or the party animal next door is about to throw another raging bash, there may not be time to research the issues, craft the perfect lawsuit, and leisurely send it out for filing. Instead, your lawyer must know the law so he can file a lawsuit right away that will support a judge’s order prohibiting your neighbor from acting improperly.

I have that knowledge and experience. Whether you need me to protect your rights by stopping someone else’s misconduct or preventing someone from interfering with your rightful use of your property, I look forward to representing you zealously and efficiently.

HOMEOWNERS ASSOCIATION (HOA) DISPUTES

If you own a condominium or a house in a common interest or planned development, you are probably a member of a Homeowners Association (HOA). HOAs and their members have many rights and obligations to one another. Legal disputes often arise from conflicts regarding these rights and responsibilities.

In California, HOA and members obligations and duties arise from two general sources: Statutory law, such as the Davis-Sterling Act (codified at Civil Code §1350, et seq.), which legislates many aspects of common interest development operations, and an HOA’s governing documents, which generally include, Covenants, Conditions and Restrictions (“CC&Rs), Bylaws, and amendments to them.

The statutory law and governing documents of a condominium project or other planned development typically address HOA Board of Director governance and operations, finance, assessments and assessment collections, Board of Director and member meetings, rules and rules enforcement, maintenance and repair issues, establishment and enforcement of architectural standards, and resolution of disputes between members (such as those arising from noise, pets and other nuisance complaints.

Members often have legitimate complaints about how a Board of Directors or individual director is conducting meetings, making financial decisions, exercising architectural or maintenance/repair decisions or solving disputes between members. They may also have conflicts with their neighbors over noise, plumbing leaks, cigarette smoke and other grievances.

Due to the personal nature of relationships between those living in close proximity to one another and the tendency of neighbor disputes to negatively affect one’s daily quality of life, HOA-member or resident-resident conflicts often become heated. As a result, legal disputes involving HOAs and owners more often than not involve not only legal and financial issues, but emotional ones as well. For this reason, lawyers often become involved in bitter HOA disputes involving relatively small amounts of money.

I generally represent homeowners rather than HOA boards of directors. If you are having a dispute with your HOA or a neighbor, I can help you resolve your matter quickly and efficiently. 

DISPUTES WITH CONTRACTORS

Building, remodeling and renovating real property is expensive and almost always requires hiring a contractor. Smart people know that paying a lawyer to review a contract before signing it can save you money and heartache. 

If you consult with me before hiring a contractor, I can help you understand your rights and protect them. You can then avoid costly mistakes by:

• Researching the contractor to make sure he is reliable and competent. 
• Structuring the construction contract to avoid a “front-loaded” payment schedule, since front-loading gives the contractor too much power. 
• Using a tracking system that insures subcontractors and suppliers get paid, so you don’t end up with mechanic’s liens on your property. (If you don’t know what a mechanic’s lien is, you definitely need to see me before you start construction!) 
• Understanding how contractors use vague or incomplete plans to their advantage. 

If a problem arises after construction starts, I can help you solve it. I have years of experience resolving construction disputes. If you find yourself in a dispute with your contractor, contact me right away so that you don’t lose important rights.

BUYING REAL PROPERTY

Buying real estate is a major investment. Smart investors consult with a lawyer before signing a real estate purchase contract because doing so is the best way to prevent legal problems from arising later on.

I can help you understand your rights, protect them, and avoid costly mistakes by:

• Reviewing the Purchase Contract (and escrow instructions) to make sure your interests are protected.
• Counseling you regarding the due diligence necessary to sidestep potential title, land use, environmental or landlord-tenant problems.
• Representing you aggressively and skillfully if you have a dispute with the seller or a real estate agent during escrow or after the deal closes.

If you are buying real property, having a lawyer by your side can help you avoid costly mistakes. I have helped many real estate buyers safely navigate the minefields inherent in any property purchase. Please contact me to learn how I can help you in this regard.

SELLING REAL PROPERTY

Selling real estate generally involves two contracts, note one: The first is between the seller and the broker handling the listing. The second is between the seller and the buyer. Savvy real estate investors know that paying lawyers to review contracts before signing them is money well spent.

If you consult with me before signing a Listing or Purchase Agreement, I can help you understand your rights, protect them, and avoid costly mistakes by:

• Negotiating the Listing Agreement so that: The commission is as low as possible. Everything is negotiable, and commissions are no exception! The term is right. You don’t want to tie yourself to the broker for too long. The broker’s marketing obligations are spelled out. The Listing Agreement should require your broker to do more than put the property in the MLS.
• Insuring that the Purchase Contract protects your interests. For example: Does the contract have loopholes that allow the buyer to break it if he or she wants to? Is the deposit big enough, and is it refundable? Have you made all the right disclosures? Should you agree to an arbitration or mediation clause? Does the contract clearly reflect what personal property, if any, is included in the sale?

If a problem arises after you’ve signed the Listing Agreement or Purchase Agreement, I can help you solve it. I have years of experience helping home sellers protect themselves against unscrupulous brokers and buyers. Special laws and procedures govern real property disputes. If you find yourself in a dispute with a broker or buyer, contact me right away so that you don’t lose important rights.

If you haven’t hired a broker, I can help you select the most qualified person in the area in which you are looking. I am also a licensed California real estate broker. If you work with an agent that I refer you to, that agent will pay me a referral fee, which is often sufficient to cover the cost of the legal services I provide.