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Palos Verdes Estates Real Estate Law Blog

Don't let landlord-tenant disputes hamper your interests

There are many business owners in Palos Verdes Estates and nearby areas in California who operate their business from rented premises. Such business owners would agree that disputes with the landlord-over rent, breach of fiduciary duty and other issues-are fairly common. Unfortunately, some of these disputes have the potential to severely affect the prospects of the business that operates out of the disputed property. On the other hand, a property owner may also be affected because of the same reasons.

In the event of such disputes, a business or a property owner can retain a lawyer to understand what the implications of a breach of contract or breach of fiduciary duty are. The most common dispute over commercial properties arises from the lease agreement and its interpretation by the parties to the contract. Such disputes can often be resolved if both parties sit across the table and discuss their issues and finally reach mutual agreement over the lease agreement. If required, a lawyer can guide the business owner or the property owner through the negotiation session.

What are the steps involved in starting a new business?

California is one of the best places in the world to start a new business. While the tech giants of Silicon Valley are stellar examples, businesses in other industries too have thrived in the Golden State. This startup boom can be attributed to factors such as California's business-friendly laws and the availability of knowledgeable resources, but at the same time, one cannot ignore the fact that California business owners themselves have put in enormous efforts to ensure the growth and sustenance of their businesses.

That being said, people who dream of owning and running their own business successfully should make sure that they are thorough with all their business activities right from Day 1. The U.S. Small Business Administration has a comprehensive guide for that purpose, which breaks down the business setup process into 10 steps, beginning with conducting a market research up to opening a business bank account. The eight intervening steps cover the other critical aspects of a new business setup.

Involving a Lawyer in Purchase & Sale Agreements

Involving-a-Lawyer-in-Purchase-Sale-AgreementsAlmost every purchase and sale agreement will require two separate negotiations: a letter of intent and a detailed purchase and sale agreement. The letter of intent can be made non-binding, but even if this is the case, once it is in writing, it is a key player in the continuing negotiations and formal purchase agreement documentation. A mistake or oversight made during the initial "negotiation" or letter of intent stage can lead to problems later in the process.

Commercial Real Estate Disputes and Resolving Through Mediation

Commercial-Real-Estate-Disputes-and-Resolving-Through-Mediation-Article-9.jpgIf you are involved in a commercial real estate dispute, it may be a good idea to consider mediation. Mediation has been proven to be effective in this type of situation for a variety of reasons. In many situations, mediation can be completed within a few months of the dispute arising.

What is Eminent Domain?

What-is-Eminent-Domain-Article-61.jpgEminent Domain is the legal power to take private property for public use by a state, municipality or private person or corporation that is authorized to act on behalf of the public character, following the receipt of payment or other just compensation to the property's owner. According to the Fifth Amendment to the U.S. Constitution, the government is required to provide property owners with just compensation for any private property that is seized for public or government use.

How to Handle Fire Damage to Your California Rental Property

According to the National Fire Protection Agency, there were close to 370,000 home fires in 2013. They resulted in $6.8 Billion in damages. A substantial number of these fires occurred in rental homes. Do you own a rental property in southern California? Do you know how to deal with fire damage in a rental home?

Issues to Consider When Creating Commercial Leases in California

When you are creating a commercial lease on a southern California property, it pays to consider the individuals, groups of individuals or companies that will be considering it once completed. It also pays to remember that the creation of a lease prior to negotiations does not forgo negotiations. Potential complications can arise during the early stages of the negotiation process. The complex nature of the issues involved as well as the number of issues to be negotiated depend upon the specific circumstances surrounding your property, your lease terms, and your potential tenant's needs for the space. The open nature of the commercial lease negotiation only solidifies the need for an experienced real estate attorney throughout the process. Consider these examples of common issues associated with the southern California commercial lease when deciding whether or not to consult with an attorney for the transaction.

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Retz & Aldover LLP

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Retz & Aldover LLP
2550 Vía Tejon
Suite 3A
Palos Verdes Estates, CA 90274

Phone: 424-282-3467
Phone: 310-540-9800
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