REAL ESTATE

Representative Cases

Building Code Violations: College Fraternity House (which was a historically protected building) fell out of compliance with City building codes resulting in eviction. Code violations cured and house reopened; however, allegations that Fraternity had destroyed the integrity of the protected building during the remodel. Numerous cross-complaints against contractors, subcontractors and governmental entities/agencies.
Eviction by Jackhammer: Plaintiffs claimed landlord was engaging in illegal condominium conversions in contravention to local ordinances and in doing so created undue noise, debris, dust and various hazards making the premises uninhabitable. Landlord claimed renovations as tenants left and denied intent to create conversions.
Landlord/Tenant: Tenants sought recovery against absentee landlord for alleged overcharges in rent over 10 year period in contravention of local Rent Control Ordinance. Foreign defendant had transferred title to property and claimed lack of jurisdiction.
Commercial Lease Dispute: Retail tenant sought reimbursement from landlord for money spent to repair damages due to water damage/intrusion including rent rebate and loss of use.
Real Estate Contract: Seller (Claimant) alleged that buyer (Respondent) breached contract when he failed to provide timely payment to the city for a plan check permit. Buyer had already paid $75k for development on the property and had a lien on three parcels securing the investment but seller, who was bottoms up, in bankruptcy, alleged he had discharged the debt to buyer in the bankruptcy, and the property was to be sold in trustee sale in the following week.
Landlord/Tenant: Plaintiffs sought relief from a Landlord/cross-complainant who had overcharged them and when they complained allegedly began harassing tenants. Landlord attempted to block settlement by his own carrier by refusing to drop his cross-complaint.
Bedbug Infestation: Tenant alleged landlord had knowledge of bedbug infestation prior to Tenant signing lease and move-in and intentionally/negligently withheld the information.
Mold: Landlord filed successful unlawful detainer action against tenant who refused to pay rent due to dispute regarding water intrusion, mold, etc. Tenant now sued Landlord for personal injuries due to mold exposure and damages to personal property. Landlord agreed to pay damages but kept UD judgment in force.
Security Deposit: Landlord retained one-half of tenant’s security deposit alleging tenant removed security system and air conditioner claiming they were fixtures and that their removal caused wall damage. Tenant claimed civil code violations pertaining to refund/itemization of damages, notice, etc.