BRE DDR BR Whittwood CA LLC v. Farmers & Merchants Bank of Long Beach

If a tenant’s leasehold interest is foreclosed upon, the purchaser at the foreclosure sale succeeds, as assignee, to the tenant’s right to occupy the premises and to all covenants of the lease that run with the land, but not to the lease contract itself absent express assumption.  Upon foreclosure of a deed of trust on…

Sleep EZ v. Mateo

Normally, a payment is not “made” until the creditor receives it; however, if the creditor directs payment by mail, the payment is “made” when deposited in the mail.  When a landlord directs a tenant to pay rent by mail (or any other creditor directs payment of a debt by mail), payment is complete when the…

Danger Panda, LLC v. Launiu

A minor living with his parents in a San Francisco apartment is not a tenant entitled under a city ordinance to a $4,500 relocation payment when the landlord stops renting the apartment.  A minor who occupies a rental unit along with his parents, who are the lessees of the unit, is not a “tenant” entitled…

Coyne v. City & County of San Francisco

San Francisco’s ordinance requiring landlords to pay enhanced relocation assistance amounts to tenants evicted under the Ellis Act is pre-empted by that Act.  This decision affirms a judgment holding that San Francisco’s ordinance requiring landlords to pay enhanced relocation assistance amounts to tenants displaced when the landlords exercise their rights under the Ellis Act to…

Geraghty v. Shalizi

Settlement agreement signed by tenant, which contained a release of claims arising from the tenancy, was enforceable against the tenant since it was a voluntary agreement rather than a tenant waiver of rights under the city’s rent ordinance.  A landlord paid a tenant $25,000 to move out so the landlord could be move in.  The…

North 7th Street Associates v. Constante

A landlord whom a local ordinance bars from collecting rent due to building and housing code violations in the rented premises also cannot evict the tenant for non-payment of rent.  Landlord rented the premises to defendant on an oral month-to-month tenancy in violation of the Los Angeles Rent Stabilization Ordinance, inspectors having found that the…

Hjelm v. Prometheus Real Estate Group, Inc.

Tenant’s suit for breach of the warranty of habitability and constructive eviction was considered an “action on the lease contract” for purposes of attorney fee recovery under Civil Code 1717.  Tenant’s suit for breach of the warranty of habitability and constructive eviction was an action on the lease contract sufficient to allow the tenant to…

San Francisco Apartment Ass’n v. City & County of San Francisco

California’s Ellis Act preempts a key section of San Francisco’s Planning Code, penalizing a landlord’s withdrawal of a unit from the rental market by denying for ten years any permit to merge the withdrawn unit with any other.  San Francisco’s Planning Code section 317 which denied housing unit mergers for ten years after an apartment…

Intelligent Investments Corp. v. Gonzales

Tenant was the prevailing party, entitled to an attorney fee award under LA’s Rent Escrow Account Program, when the landlord voluntarily dismissed an unlawful detainer action to recover possession of property that was subject to the Program.  Under LA Municipal Code 162.09, a tenant who prevails in an unlawful detainer action brought concerning property that…

Crasnick v. Marquez

The trial court properly denied a landlord the right to offset damage awards it had obtained against the tenant in later suits against an attorney fee award the tenant recovered in the landlord’s first, abortive suit.  Lawyer for tenant’s fee agreement provided lawyer would charge tenant no fees but would receive any fees the court…