I (my business) never formally exercised the 5 year option in the lease. We just kept paying rent. Am I bound to the option for 5 years?
No, not likely. The tenancy after the fixed term lease expired became a month to month tenancy, which can be terminated by either landlord or tenant providing a written 30 day notice. A full analysis will require review of the commercial lease agreement and the option language.See question
Code of Civil Procedure § 430.41(e) provides certain limitations on the ability to amend pleadings in response to demurrers. Specifically, subsection(e)(1) provides that: “In response to a demurrer and prior to the case being at issue, a complaint...
A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the hearing if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer (unless there is a stipulation of the parties). [Code Civ. Proc., 472(a).] Although Code of Civil Procedure section 430.41 imposes new limits on filing demurrers, the three-amendment limit does not apply to amendments made pursuant to Code of Civil Procedure section 472 when the amendment is filed before a demurrer to the original complaint or cross-complaint is filed. [Code Civ. Proc., 430.41(e)(1).]
Other limitations: First, a party may demur only once on grounds that should have been raised in an initial demurrer. [Code Civ. Proc., 430.41(b).] Second, when the court sustains a demurrer with leave to amend, the court may order a conference before an amended pleading may be filed. [Code Civ. Proc., 430.41(c).] However, if the conference is held, the court cannot preclude a party from filing a demurrer and the time to file a demurrer does not begin until after the conclusion of the conference. Previously, there was no limit on the number of times a party could amend following a demurrer. Under the new law, in response to a demurrer, a complaint or cross-complaint cannot be amended more than three times without court approval. [Code Civ. Proc., 430.41(e).] The three amendment rule is not absolute because the court could approve further leave to amend upon a showing of good cause.See question
Just curious. can attorney seek work on state property, ie, in a courthouse, like 'ambulence chasing', approaching unrepresented potential clients? Is it generally considered unethical? Is it unlawful? Have any of you ever done this for a...
Generally speaking, no. The California Rules of Professional Conduct, Rule 1-400, provide that solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship.
I recently just moved into a new place and signed a year lease but not even a month in I'm having problems with roaches, the management company has sprayed but there's still an issue. I have a two year old and expressed to them I'm not comfortable...
A landlord has the obligation to ensure habitable premises. However, it is unlikely the landlord will let you out of the lease due to roaches. If the landlord (or management company) does not have the pest control company come back for a second or thrird treatment after a reasonable time period, you might want to consider paying for pest control services yourself and then seek reimbursement from the landlord/management company.
For more information regarding your rights and responsibilities as a tenant, see:
Can a party take an msj off calendar after I file the opposition and then refile a new msj without the defects I pointed out?
Generally speaking, yes. The moving party is entitled to take off calendar the moving party's motion, and would have the right to re-file the MSJ if the court has not yet ruled upon it. The only limitation would be that the newly noticed motion for summary judgment would still need to comply with the 75 day notice period (plus additional 5 calendar days if served by mail or 2 court days if served by facsmile or express mail). In addition, the newly re-noticed motion for summary judgment must be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. (Code of Civil Procedure section 437c, subdivision (a).)See question
I am considering join a company, which was reported might have another lay-off by the end of this year. Do I get protected from lay-off if I am a new hire?
No, not likely. Unless you have a written employment contract, your contemplated employment is "at will" and can be terminated at any time without cause unless the termination was unlawful (such as discrimination against public policy). Employees have very few employment rights, and employers have leeway in how they choose to run their businesses.See question
Our downstairs neighbor has a dog that has incontinence and never gets out for walks. He uses an outdoor dogmat (on the balcony) to do his business but we think he often does his thing inside their apartment. Our neighbor covers the smell with s...
The landlord has the obligation to ensure your quiet enjoyment of your apartment. Under California law, all leases have the implied covenant of "quiet enjoyment". (California Civil Code, § 1927). The landlord has the duty to preserve the quiet enjoyment of all tenants. (Davis v. Gomez (1989) 207 Cal.App.3d 1401, 1404.) The concept of a “constructive eviction” exists under the rubric of a breach of the covenant of quiet enjoyment that is implied in every rental agreement. (Stoiber v Honeychuck (1980) 101 Cal.App.3d 903, 925–926.)
Substantial interference is required to establish a breach of quiet enjoyment. An interference by the landlord "by which the tenant is deprived of the beneficial enjoyment of the premises amounts to a constructive eviction if the tenant so elects and surrenders possession, and the tenant will not be liable for rentals for the portion of the term following his eviction." (Kulawitz v. Pacific Paper Co. (1944) 25 Cal.2d 664, 670.)
Minor inconveniences and annoyances are not actionable breaches of the implied covenant of quiet enjoyment. To be actionable, the landlord's act or omission must substantially interfere with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy. (Petroleum Collections Inc. v. Swords (1975) 48 Cal.App.3d 841, 846.)
So what it comes down to is whether the interference is substantial enough to constitute a constructive eviction. You should start by giving written notice to your landlord of this specific issue, and allow the landlord a reasonable time to find a solution.See question
My contract states that "the prevailing party in any dispute arising out of or relating to this Agreement shall be awarded all their reasonable attorney fees and costs." There was such a dispute, and the Judge awarded a specific dollar amount in ...
The judge decides whether the moving party was indeed the "prevailing party", as well as the amount of the attorney's fees to be awarded to the prevailing party. The judge's decision is the final word (as opposed to what the prevailing party demands), but the decision in some instances can be appealed to the Court of Appeal (or Appellate Division of the Superior Court for limited jurisdiction cases).See question
Today the landlord gave us a 9 day notice that he would not be renewing the lease. The lease is commercial for a retail space and he said it is due to our clientele driving up with loud music. Our lease is up on August 31st... Due to the short not...
The landlord is not required to provide any notice whatsoever to the tenant that the lease will not be renewed upon expiration of the fixed term, unless the commercial lease says otherwise. As such, the landlord could file an unlawful detainer lawsuit to evict your business as soon as the fix term ends on August 31 without any further notice. It is common for a commercial lease to contain a "holdover" provision which allows the landlord to collect a higher rent beyond the fixed term. The landlord to elect to treat you as a holdover tenant such that if you do not pay the full/higher rent, the landlord to serve a 3 day notice to pay rent or quit and then file an unlawful detainer action based upon the 3 day notice. You will need to carefully study your lease agreement to ascertain your specific rights in order to be able to determine your best strategy.See question
I rented a house that was destroyed by a wildfire. The house is completely destroyed, but there is a small guest house that is still standing. The guest house is not referenced in the lease and I don't think it's even permitted. Is my lease consi...
No, the lease is not considered automatically terminated. If the lease agreement expressly requires the tenant to give notice, then notice must be given. Under certain circumstances, a tenant can cancel a fixed term lease after a fire. For instance, if the cost of repairing the property is more than a year's rent, the tenant was not responsible for the fire, and the tenant was otherwise up-to-date with rental payments, the tenant can usually terminate the lease. Moreover, under California law, the landlord is responsible for ensuring a habitable dwelling. Obviously, when the entire house burns down, the rental dwelling is no longer habitable. Nevertheless, do not assume that the lease agreement is automatically terminated.See question