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Landlord-Tenant

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Disagreeing with Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc. (2015) 232 Cal.App.4th 1332, this decision holds that a co-tenancy clause in a shopping center lease, which allowed the tenant to drastically reduce its rent if less than 60% of the shopping center's space was leased to other tenants, was enforceable.  Failure of the shopping center to meet… Read More

Generally, a landlord does not owe a duty of care with respect to open and obvious dangers on the property.  There is an exception, however, when it is foreseeable that, because of necessity or other circumstances, a person may choose to encounter the condition.  Here, the exception applied because the obviously dangerous stairway, with uneven risers and no handrail, led… Read More

So long as the landlord does not contract with them and does not demand or accept rent from them, the landlord need not let subtenants cure the tenant's rent default.  Accordingly, the landlord's 3-day notice to quit served on the subtenants was proper though it did not offer them the alternative of curing the tenant's rent default.  Also, under San… Read More

CCP 1161.3 provides that a landlord may not terminate a tenancy for (among other things) domestic violence committed against the tenant or a member of the tenant's household so long as the domestic violence is documented by, among other alternatives, a police report.  Over a dissent, this opinion holds that the statute provides a defense to an unlawful detainer action… Read More

This decision affirms a $2.7 million judgment in favor of two tenants against new landlords that harassed the tenants and then wrongfully evicted them in a fake owner move-in all in violation of San Francisco's rent control ordinance.  The ordinance provides for treble damages for violations like these, but the trial court properly exercised its discretion to reduce the trebled… Read More

Defendant instituted a policy requiring public housing tenants to post a $180 deposit to commence water service whereas all others needed only a $55 deposit.  Plaintiff sued, claiming disparate impact discrimination in housing.  To make a prima facie case on that claim, plaintiffs had to (1) the existence of a policy, not a one-time decision, that is outwardly neutral; (2)… Read More

Hom entered into a lease with tenant.  The lease granted extensive rights to lenders to tenant, including performing tenant's obligations and assuming its rights under the lease.  Tenant sued Hom who cross-complained against tenant and Petrou, a lender to tenant.  As part of his settlement with tenant, Hom dismissed his cross-complaint against Petrou as well.  Petrou was awarded attorney fees… Read More

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