Volkov Real Estate Lawyer

Volkov Real Estate Lawyer Blog

Between the rock and the hard place—a peculiar position of a master tenant
January 1, 2018, Legal Insights
When we talk about a landlord-tenant relationship, we often imply the simplest pairing: that there is a landlord and there is that landlord's tenant, a straightforward exchange of promises and obligations going both ways (that those promises and obligations can go a wrong way or even entirely sideways is covered elsewhere in this blog).  But […]
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Bending Laws of Physics - A New Opportunity For Lawyers in Richmond
September 28, 2017, Legal Commentary, Legal Insights
Lawyers are so generally expected to be masters at bending laws, there are folklore quotes about it in pretty much every language. In Russian, the saying goes as "The Law is like an axle--it goes where you turn it." In other words, fatta la legge trovato l'inganno. But the newly enacted Rent Ordinance in the City of […]
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Owner move-in regulation expanded and tightened
July 28, 2017, Real Estate Law
On July 18, 2017, the new proposed regulations for the owner- and relative-move-in evictions passed in their final version, and yesterday the mayor has signed it into law. This legislation will significantly change the already heavily burdensome restrictions under the San Francisco Rent Ordinance, S.F. Admin. Code, Section 37.9(a)(8). It will become effective on January 1. Let us peek into what the […]
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Hayes v Kardosh - Rule 12.20 explained and limited
In April an appellate decision came down in Hayes v. Kardosh, containing a detailed discussion about the extent of Rule 12.20 limitations in changing the terms of a tenancy, explaining its meaning within the San Francisco Rent Ordinance and particularly applying it to the Rules 6.15 regarding prohibition on subletting. It is too bad the decision is not […]
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Back to futuristic—for my future laptops I shall look over the shoulder
February 2, 2017, Technology Commentary
This is what happens to people, who are left idle to themselves—they may start thinking about some irrelevant stuff. This happened to me: I got sick and, under the influence of “Tera Flu,” could neither work, nor sleep. So it got me thinking. And who am I to think about work, while on vacation away […]
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New rules on restricting access to unlawful detainer records
Unlawful detainer records used to be "masked" from public access for the first 60 days and then, if no defendant settled or got dismissed in the interim and the case was still going on, the record would become publicly available. Case's records were opening up by default—a stipulation or a court order was required for […]
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New rest period policies in California
December 29, 2016
On December 22, 2016, California Supreme Court in Augustus v. ABM Security Services (Case S224853)  has reversed the prior decision made by the appellate court [233 Cal.App.4th 1065 (2014) as modified 1/29/15], and pretty much established new rules applicable to the rest period policies.A copy of the decision is currently available on the court's website, here and on the Google Scholar, here. Don't wait […]
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"Educators" ban on evictions is gone, no longer
[02-14-2018: Court of appeals reversed the judgment];[Cal. Sup. Ct. denied review on April 25, 2018; Rent Ordinance reinstated back the "educators" ordinance's language on May 15, 2018, see the press release here]. On September 28, 2016, the San Francisco court adjudged the writ of mandate granted on August 31, invalidating the infamous ordinance of last year, which was injecting a new […]
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10-year ban on residential mergers following non-fault eviction is confirmed as invalid by the appellate court
September 29, 2016, Real Estate Law
On September 19, 2016, San Francisco homeowners got confirmed in their relief, when the appellate court affirmed our county court's decision to strike a 10-year ban on residential mergers, following a non-fault eviction. The decision became final on October 24 (3 Cal.App 5th 463).  And yes, we are now in the fifth series of appellate […]
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Rent Control News
August 14, 2016, Rent Control
Despite the studies hinting to the contrary, rent-control regulations continue to spread in the Bay Area. San Mateo, Mountain View, and Richmond are slated to vote on the rent control measures (example articles covering it are here and here). This post covers the ones currently pending and a few hoping to join the movement; take notice, if you have property […]
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