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real estate disputes Archives

Questions to ask before signing a commercial lease

As a California business owner, you probably have a checklist you keep that tracks your preferences or needs in a commercial rental property. While inquiring about square footage, signage and other elements of a prospective rental is important when discussing a possible lease with a landlord, so, too, is covering certain areas relating to the terms of the lease itself. At Kashfian & Kashfian, LLP, we are well-versed in the types of matters that often cause disputes between commercial tenants and landlords, and we have helped many commercial tenants comprehend complicated lease agreements and make sure they are getting fair deals.

How to properly evict a commercial tenant

As a California commercial landlord, you probably know that the rules governing your landlord-tenant relationships differ from those that apply to residential landlord-tenant relationships. While residential tenants typically have more protection that commercial tenants in the eyes of the law, there are still certain processes you must follow when dealing with commercial tenants if you wish to avoid potential litigation. At Kashfian & Kashfian LLP, we understand the process involved in evicting a commercial tenant, and we have helped many clients navigate their way through similar scenarios while staying on the right side of the law.

Is the covenant recorded against my property binding on me as a successor in interest?

So, you purchased a property or are thinking about purchasing a property with a covenant (or a deed restriction) recorded against the property, and you want to determine whether the covenant is or would be binding on you as the new owner (legally, termed "a successor in interest"). The answer depends on how the covenant (or the deed restriction) was written, because "whether a covenant binds successors of a party to it" is a "question[] of contractual intent." (Harrison v. Domergue (1969) 274 Cal.App.2d 19, 22 (Harrison) [emphasis added].) This article will provide some guidance on how to make that determination, but, ultimately, you should consult a lawyer. At Kashfian & Kashfian, LLP, we have experience in defending actions seeking to enforce restrictive covenants, including having such covenants declared unenforceable, (see Case Results), and as your counselor, we will fight vigorously on your behalf. Contact our offices to learn more about the services that we provide.

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