Nearly 30 Years Of Representing Businesses And Their Owners

California Real Estate Attorneys

The business department prides itself on its negotiation know-how and structuring of business and real estate transactions. The department represents both entrepreneurs and established businesses in the following areas:

Corporate formation, reorganization and dissolution-profit and nonprofit
Purchase and sale of stock or business assets
Shareholder buy-sell agreements
General and limited partnerships
Purchase and sale agreements
Escrow transactions
Lease transactions
Secured and unsecured transactions
Real property exchanges
Land use, including entitlement and zoning
Landlord/tenant
Unlawful detainer
Taxes
Judicial foreclosure

The Eviction Process For California Landlords

In California, tenants have the right to a safe and habitable living environment, protection from unjust evictions and privacy. Landlords are entitled to timely rent payments, property maintenance and the right to evict tenants for valid reasons following legal procedures. Both parties must adhere to specific regulations to safeguard a fair and balanced rental relationship. If the landlord has grounds to evict the tenant, they can initiate the process. The state has a complicated set of guidelines for doing this, which the landlord must follow.

Here’s a step-by-step explanation of the legal eviction process for legally evicting tenants:

Serve notice to the tenant
Landlords must serve the appropriate notice:
- Three-day notice to pay rent or quit: For nonpayment of rent.
- Three-day notice to cure or quit: For lease violations.
- Three-day notice to quit: For illegal activities.
- 30/60-day notice to quit: For ending a month-by-month tenancy.
File an unlawful detainer lawsuit
If the tenant doesn’t adhere to the notice, the landlord must file an unlawful detainer lawsuit in court.
Serve the summons and complaint
The court will issue a summons and complaint, typically by a process server, which must be served to the tenant.
Tenant’s response
The tenant needs to respond to the summons and complaint within five days. They can either file an answer contesting the eviction or not respond, which typically results in a default judgment.
Court hearing and judgment
If the tenant responds, the court schedules a hearing. Each party argues their case, and the judge rules. If the tenant does not respond, you can request a default judgment.
Writ of possession
If the court rules in the landlord’s favor, it will issue a writ of possession, which authorizes the sheriff to remove the tenant from the property.
Sheriff’s eviction
The sheriff will post a notice to vacate, giving the tenant a final period (usually five days) to leave before forcibly removing them.

This process ensures that evictions are legal and fair. If you have any specific questions about any of these steps, contact the firm to speak with a real estate law attorney who handles evictions for landlords.

Real Estate Litigation

There are numerous potential reasons for real estate disputes that result in litigation. Some examples include:

Boundary disputes: Two people may dispute exactly where property lines lie or whether a building or structure has been constructed too close to that line.
Title issues: These sometimes happen when one person is trying to sell a piece of real estate, but multiple people are on the title, so they must work together to make the sale.
Breach of contract issues: During real estate negotiations, contracts must be honored, and violations can lead to legal action.
Improper disclosures: Certain disclosures need to be made, such as if the building contains known defects, lead paint or asbestos.

In all of these areas and more, it is very important to understand exactly what legal steps you can take to resolve the dispute, protect your rights and safeguard your investment in that real estate.

Residential Vs. Commercial Real Estate

Real estate is typically divided into zones, two of which are residential and commercial. In some cases, there are multiuse buildings, such as apartment buildings where the lower stories are zoned for commercial use and the upper stories are zoned for residential apartments.

It is important to clearly understand the type of real estate involved in a transaction. If a property is in the wrong zone, there are potential options available, such as seeking a variance. It is crucial to know the legal steps required to pursue this course of action.

For rental agreements, the type of property can have a major impact on how the lease is written. A residential lease may just include rent payments and utilities, for example, whereas a commercial lease may also note things like maintenance and upkeep responsibilities, property tax obligations and property insurance costs.

Real Estate Development

Real estate transactions often lead to development as developers seek new properties where they believe the values will increase. But this can create a rather complex situation. Some areas to address may include:

Getting the proper permits to carry out the development.
Ensure that the property is in the correct zone or seek a variance.
Securing financing through loans, investors, crowdfunding or other sources.
Complying with local environmental regulations, both when working with the property itself – such as soil regulations – and when constructing new buildings.

It is critical that developers understand all local real estate regulations, laws and governmental restrictions.

Contact Our California Real Estate Law Team

At Coleman & Horowitt, LLP, get the direction that you or your business needs as you pursue the real estate transactions that will help you move forward toward growth and greater profitability.

To schedule a consultation regarding any real estate transaction or litigation matter, call 559-248-4820 or send an email inquiry. A member of our team will get back to you promptly and get a date on the calendar for you.