Landlord Tenant

REPRESENTATIVE CASES

  • Homeowners’ Association in a community of luxurious homes of common use of lake, golf course, and tennis court, and a homeowner were in dispute as to contractor work done at the direction of the homeowner. Both the Homeowners’ Association and the homeowner were represented by counsel. At issue were:
      - Interpretation of Architectural Committee and the subjective and objective standards enforced by the Committee.
      - Homeowner maintained that the work done on the property was maintenance not requiring pre-approval by the Board or the Committee. The Board alleged that the already completed improvements were renovations not in compliance with standards, and should not have been done without Architectural Committee review and thus, must be torn down.
      - Homeowner, as a long-term former member of the Board, alleged selective enforcement of the rules by the Board, and set forth a history of disagreement with current Board members.
      - Homeowner alleged Board retaliation and breach of fiduciary duty due to current Board members’ past disagreements with the homeowner when the homeowner was on the Board.

  • Dispute regarding the landlord’s alleged policy against renting to tenants who were receiving housing subsidies and government aid.

  • Dispute between owner/manager-in residence of real property and a long term tenant, wherein the tenant alleged that the breach of warranty of habitability led to constructive eviction. Complaint also alleged negligence, negligent maintenance of premises, intentional infliction of emotional distress, and negligent infliction of emotional distress.

  • Lessee of space in a building defaulted on lease payments. Guarantor of the lease entered into a settlement with the building owner. Guarantor defaulted on settlement payments. Building owner filed action against guarantor to enforce the settlement terms which granted to building owner to the full amount due in the event of default, plus attorney’s fees and costs.

  • A long term commercial tenant allegedly was five months behind in rent payments. Lessor filed an unlawful detainer action.