Volkov Real Estate Lawyer

Volkov Real Estate Lawyer Blog

Statewide rent control is coming to California. Like now.
[2019-09-11 UPDATE] it has passed the Senate today. This is just in. The bill passed the Assembly and is expected to pass the Senate as well:https://www.mercurynews.com/2019/05/29/california-rent-cap-bill/amp/ Current version of the bill is here.Related to is Assembly bill on "just cause" eviction control is moving along as well, progress is reported here. All of the above is despite last Fall's […]
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Waste of time as sanctionable conduct
May 29, 2019
In preparation to my second visit to London with our Bar's Litigation Section (called "A Legal Week In London," highly recommended), I was sharing my experiences from my first trip in 2015 with colleagues, and the discussion quickly centered on what differences I had then observed between how the courts operate there and here.  My […]
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Landlord's duty to update contact information - CC § 1962(c) interpreted by the court
December 14, 2018
In DLI Properties v. Hill, (Los Angeles App. Dep't Super. Ct., Sept. 17, 2018, No. BV 032016, 2018 WL 6192245) the court addressed the recently added sub-division (c) to Civil Code Section 1962, which provides that the landlord is barred from evicting a tenant for non-payment of rent during the period such landlord failed to inform […]
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Book update - ver. 2.8
October 9, 2018
I had a chance to update the book to include latest changes across the topics (and as usual, weeding out any typos I could find). There is also a brand-new chapter added - eviction notices under 37.9(a)(9), for the sale following a condo-conversion. The links to both the paper and e-book versions remain the same, […]
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New legislation signed today: timing on eviction notices and responding to UD summons and deposition notices
September 5, 2018, Wrongful Eviction
Among 25 bills signed today, one drew my attention: extending time to respond to eviction notices and to unlawful detainer summons (AB 2343). Far from being as drastic as the Proposition 10 going to the ballots this November, the AB 2343 bill signed today give some new food for thought (or some pain in the neck, depending on […]
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How Preemptive Is the Ellis Act?
June 22, 2018
On June 20, 2018, California Supreme Court denied review of Small Property Owners of San Francisco Institute v. City & County of San Francisco (2018) 22 Cal.App.5th 77, thus affirming its holding, striking a 10-year ban on alterations of non-conforming units following the Ellis Act evictions.  The decision was reached on the preemption argument of the Ellis […]
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Constitutionality of the requirement for a life-time lease as condition for condo conversion was upheld
May 25, 2018, Tenant Protections
In July of last year, TIC co-owners of a multi-unit building in San Francisco sued against the ordinance provisions requiring a lifetime lease to be offered to those tenants who reside in the units subjected to a condominium conversion. Case 3:17-cv-03638, Pakdel et al v. City and County of San Francisco (2017 WL 6403074), filed before the Northern District of […]
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Another attack on Rent Ordinance Registration Requirement--This Time In San Jose
April 24, 2018, Rent Control
I must start with repeating an old joke. As a train arrived to the station, a passenger asked a conductor: "will this train take me to the Main Street?"  "No," replied the conductor, "of course not, we don't even have the tracks laid in that direction." Another eager passenger standing behind the first one then […]
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The "Educators" Ordinance Is Back
February 14, 2018
Today the court of appeals reversed in full its 2016 judgment, which up until today was holding the "educators" ordinance on hold. There is a hope that the certiorari review will follow, but, as of now, the ugly and self-contradicting piece is coming back on the books. And I mean it literally as well, I'll have to […]
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New 2018 edition of the "Eviction Notice In SF" is out
January 16, 2018
I could write my own introduction to this new edition, but I like this one instead: "Having taken more than ordinary Pains in collecting the Materials which compose the following History, we could not be satisfied with our selves, if any Thing were wanting to it, which might render it entirely satisfactory to the Publick: […]
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