Christopher M. Adishian Real Estate Law Blog

[Originally published May 9, 2011 at California Real Estate Lawyer]

California is home to over 35,000,000 people. With all those real estate
transactions happening in the State, it has become common for an
allegation of a "failure to disclose" to arise after escrow has closed
on a residential sale (e.g. condo or single family residence). This
article does not address any failures to disclose in commercial
transactions.

[Originally published October 18, 2010 at California Real Estate Lawyer]

We continuously receive inquiries from both Landlords and Tenants
regarding termination of tenancies. This article applies to the renewal
and termination of residential real property in California cities and
municipalities that do NOT have local rent control ordinances
(e.g. Santa Monica, Berkeley, San Francisco). However, even in these
non-rent control jurisdicition,... Read More

[Originally published January 13, 2009 at California Real Estate Lawyer]

What is a 1031 Exchange?
Section 1031 provides for
"Nonrecognition of gain or loss from exchanges solely in kind: (1) In
general. No gain or loss shall be recognized on the exchange of
property held for productive use in a trade or business or for
investment if such property is exchanged solely for property of like
kind which is to be held either for... Read More

[Originally published January 12, 2009 at California Real Estate Lawyer]

In the current recession, commercial landlord's are just beginning to
feel the pressure from tenants seeking rent concession or the outright
elimination of their rent obligation. See Wall Street Journal,
"Struggling Retailers Press Struggling Landlords on Rent", January 2009.
There is also a rapidly shrinking pool of high-quality "anchor" as
major retail... Read More

[Originally published January 12, 2009 at California Real Estate Lawyer]

As part of the ongoing "fall out" from the real estate bubble, lenders
(i.e. lienholders) are finding that they need to foreclose on a
non-paying borrower in order to recover amounts owed. To its surprise,
the lender sometimes discovers that there were additional loans on the
borrower's property that the lender did not know existed.

[Originally published April 11, 2007]

The typical fact pattern arises when a tenant during the course of his
tenancy adds various items to the leased premises. Do these items belong
to the tenant or to the landlord? Can the tenant remove these items
when the lease is terminated?

[Originally published March 26, 2007]

Real estate law, particularly Landlord-Tenant relationships are loaded
with notice requirements. Some examples are notices to renew or extend
in a commercial lease. A simple notice clause in commercial leases is in
fact not as straightforward as it may seem.

[Originally published 2005 at California Real Estate Lawyer]

Are you a landlord with an apartment in the rental
market?Are you looking to do something with your property other than
rent it? Are you a tenant who rents an apartment in California? Have you
been evicted? In evicting you, did your landlord invoke the Ellis Act?
What is the Ellis Act and when can a landlord invoke it? What are your
rights as a tenant?

The “Ellis Act”... Read More