Can a Holdover Commercial Tenant Hold On to a Right of First Refusal?
In California, a holdover tenant (a tenant who remains in possession after the expiration of the written lease) has fewer rights than a tenant operating under…
Loss of Use can be “Property Damage” under Insurance Policies
General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations…
Eviction After Foreclosure: California Supreme Court Weighs In
This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center. The case reviewed the decision of the California…
Contribution Rights Among Co-Guarantors: Liability Must Be Proportional
In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation,…
Commercial Landlord Not Liable to Holdover Tenant for Damages on the Leased Premises
When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the…
When a Tenant Exercises an Option to Purchase, When Does the Obligation to Pay Rent End?
Some commercial leases provide the tenant with an option to purchase the real property. When the tenant exercises such an option, does the tenant’s obligation to…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…
When a Lender Forecloses on a Leasehold Interest….
Loans are often secured by the fee title to real property owned by the borrower. But loans can also be secured by the borrower’s leasehold interest…
California Enacts New Regulatory Framework for Medical and Recreational Cannabis
This blog usually explores the relationship between real estate and one green substance — money. But cannabis is the greenery getting a lot of recent attention…
Eviction Immediately After Foreclosure?
Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but…