Legal Help for Property Purchase Disputes

Resolve Issues with Your Property Purchase and Protect Your Investment with Expert Legal Guidance

Landlord/Tenant relationships involve a number of different but interwoven legal elements. First, the relationship between landlord and tenant is almost always based on a contractual agreement, which can be the subject of a breach. Second, the implied warranty of habitability and other warranties regulate when and how the landlord can enter and maintain the property. 

These warranties can be the subject of violation and can form the basis for a lawsuit. Third, failure to perform certain duties, such as pay rent or abide by the lease agreement, can result in an unlawful detainer action, which can then lead to eviction from the premises.

Landlord/Tenant law varies slightly between residential and commercial properties. Courts are usually more hesitant to enforce speedy eviction actions against families whereas a less emotional approach is taken with regards to businesses. Before proceeding to an eviction action, we always take special care to ensure that the landlord/tenant relationship is beyond repair. This is for two reasons: 

1. Repairing  the relationship and establishing a new, more agreeable lease agreement is generally more cost effective than commencing an eviction action and searching for a new tenant
2. There is a risk that the tenant might prevail in the unlawful detainer action. If this happens, the landlord and tenant will be forced to continue their business in a hostile relationship.

When dealing with highly relational contracts, such as landlord/tenant, our attorneys always handle the situation with an appropriate degree of delicacy because we recognize that healthy, ongoing relationships are often worth more than the money damages that might be awarded in a lawsuit.