Representative Cases

Landlord / Tenant

• Dispute between commercial landlord and tenant who was operating a biomedical engineering business. Heavy rains caused the premises to be rendered unsanitary. Questions included whether the tenant could fight an eviction effort by asserting a defense relating to a covenant by the landlord to provide tenantable premises.

• Residential unlawful detainer action involving a claim by the landlord that the tenant defendants breached the “occupancy limit” of the lease agreement. Defenses included equitable estoppel, and the “just cause” and retaliatory eviction provisions of the applicable local rent control ordinance.

• Personal injury and breach of implied warranty of habitability action by tenant of luxury apartment building where rains caused water intrusion and mold growth. Plaintiff allegedly developed serious health problems from the mold.

• Dispute involving the enforceability of an option to purchase commercial premises leased by operators of a children’s learning supply store. Lessees took steps to enforce the option, including opening an escrow and drafting a purchase and sale agreement. They sued for specific performance and other claims when the landlord refused to proceed with the transaction. The landlord filed a cross-complaint for declaratory relief.