Commercial Leases
Commercial Tenants May Be Required to Pay Rent to Bank when Landlord in Default
Section 2938 of the California Civil Code requires commercial tenants to pay their rent to the creditor of their landlord when a landlord defaults on its obligations to its creditor under certain circumstances. The general principle is that if a landlord defaults under an obligation to the creditor, the creditor can compel the tenant to [...]
Landlord Tenant Law: Lease Assignments
We recently posted an article about subleases, and how this may be a remedy for renters who need help paying the rent, or need to move out of their rental unit temporarily but plan on coming back. However, if a tenant who has entered into a written lease agreement for a fixed period of time [...]
Tips for Entrepreneurs: Leasing a Commercial Space
While some business endeavors can be conducted completely from home, there are situations in which a business’s success depends on finding the perfect storefront. So what are the differences between renting a residential property and renting a commercial property- and what should you look for? In many ways, you should look out for the same [...]
Interpleader Actions: Potential for Resolving Real Estate Escrow Disputes
An interpleader action aims to determine the party who is entitled to receive money or property when a neutral third party is holding funds or property and is confronted with two or more claimants to the same money or property. The interpleader action allows for the neutral third party, or “stakeholder,” to avoid liability to [...]
Unlawful Detainers: 3 Day Notice, 30 Day Notice or 60 Day Notice?
As discussed in my recent blog article about the San Diego eviction process, the first step in evicting a tenant is issuing the appropriate notice. The most common notices are the 3 Day Notice, the 30 Day Notice and the 60 Day Notice. 3 DAY NOTICES The 3 Day Notice will require the tenant to [...]
San Diego Unlawful Detainer/Eviction Process and the Roles of Landlords and Tenants
Eventually, any owner or manager of a property will come to the point where they need to remove a tenant from their rental property. In this article, I will outline the steps necessary to actually, and legally, re-establish possession of the property. 1. Service of Notice- This first step is not technically the “start of [...]
CA Real Estate Transaction Basics: What is a Promissory Note?
The real estate industry is one of those industries that is obsessed with lingo, acronyms, and abbreviations. Keeping up with all of the latest real estate terms thrown around by brokers (commercial brokers especially) is not easy. However, there are certain legal real estate terms that are part of the long-standing industry vocabulary. My goal [...]
California Commercial Leases: Should My Real Estate Attorney Review/Negotiate?
Whether you are obtaining new commercial lease space, have available commercial space to lease, or are approaching a lease renewal negotiation, Griswold Law can help. As a licensed California real estate broker and attorney, I will approach your real estate transaction with a “real world” business approach, while maintaining a focus on the legal intricacies [...]