June 2017 Real Estate Law Newsletter

June 2017 Real Estate Law Newsletter

 

Make the Most Out of Momentum

The summer solstice occurred earlier this week, which means that it is now officially summer! Although, it has definitely felt like summer already, as temperatures in California have reached record-highs over the past few weeks.
We’re having a heat wave – but not just in the weather! The real estate market is also heating up, as agents, brokers, buyers, sellers, and investors are all hitting their stride during the busy season. With momentum in the market, it is important to capitalize on every opportunity. This month, the Law Offices of Peter N. Brewer provides essential real estate law tools and information to help you not only hit your stride – but also maintain it throughout the year!

Highlights in this month’s issue:

—Register for our July 19th
California Landlord Basics webinar about the fundamentals of residential evictions

—Read about the many advanced technologies our firm uses in our commitment to providing excellent and efficient legal services to our clients

—Learn about how the law treats “service animals” differently than “pets” by reading Julia M. Wei’s most recent article

—Hear the podcast of Simon Offord’s most recent appearance on the Brian Copeland radio show

—Check out recent blog articles published by Henry Chuang & Ashlee D. Adkins

—Catch up on updates from the firm, including birthdays, vacations, speaking engagements, events, leadership roles, and more!

We hope you enjoy reading the June edition of our newsletter!

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California has one of the highest populations of renters in the country, at 43% of residents. So, it should come as no surprise that, quite often, issues or conflicts arise between tenants and landlords that result in an unlawful detainer action – also known as an eviction. When a tenant violates the terms of their lease agreement – whether for failing to pay rent or for destroying the property – the landlord may remove the tenant after filing a lawsuit.

To help the growing number of landlords in California, the Law Offices of Peter
N. Brewer is producing a California Landlord Basics webinar series. Part 1 of the webinar series discussed leases and deposits, and Part 2 covered habitability issues and lease termination. On Wednesday, July 19th, 2017 at 10:00am, attorneys Ashlee D. Adkins and Henry Chuang will present Part 3 in the webinar series about the fundamentals of evictions in California. This webinar will discuss a number of legal considerations regarding evictions, including:

  • Causes Leading to an Eviction
  • The Eviction Process
  • Technical Pitfalls During an Eviction
  • Tenant Defenses
  • Preparing for Eviction Proceedings

Register for the webinar
on July 19th at 10:00am by clicking the button below!

Register

bed bug notice form

Your lawyer is…a robot?! Twenty years ago, that would’ve sounded like something straight out of a science fiction movie. Today? A robot lawyer doesn’t seem so far-fetched. Technology has revolutionized nearly every aspect of life, and the practice of law is no exception. However, while new technologies will always emerge, the acts of interpreting law, analyzing cases, providing legal advice, and fighting for clients are probably best left to the humans with law degrees!

Though robot lawyers may not exactly be plausible, law firms can still benefit from new technologies in big data, artificial intelligence, automation, machine learning, and cloud
computing. The Law Offices of Peter N. Brewer is on the forefront of technology, and we use several cutting-edge technologies to improve our client service and to deliver outstanding legal services. Not only does our firm utilize advanced technologies – we also advocate for technology in law firms. Peter N. Brewer is the 2017 chair of the Law Practice Management & Technology section of the State Bar of California. Clayton Dodds also sits on the LPMT executive committee, and he has spoken at the past two Legal Marketing Technology conferences.

Read more about the state-of-the-art technology that the Law Offices of Peter N. Brewer utilizes in our day-to-day operations, including a telepresence robot!

Read More

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California is one of the most pet and dog-friendly states in the country. However, while we love the company of our furry friends, it can be very difficult for renters to find housing that allows for pets. Renters in search of living arrangements with their critter companions often pay hefty pet deposits, or have their rental applications rejected altogether simply because they have a pet.

While landlords do have the right to maintain a “no pets” policy, the Fair Housing Act of 1973 states that “service animals” are not pets. As a result, landlords must allow service animals as a
reasonable accommodation for a disability, regardless if they have a “no pets” policy. However, there is some confusion as to whether “assistance animals” or “emotional support animals” are the same as “service animals”, and thus require the same accommodation.

Read Julia M. Wei’s most recent article, discussing the differences between “service animals” and “assistance animals”, and what responsibilities landlords have for each type.

Learn More

simon on KGO

On May 31st, attorney Simon Offord appeared as a guest on The Brian Copeland Show on KGO 810. The popular radio talk show is hosted by Brian Copeland, an award-winning actor, comedian, author, and radio personality.

During the real estate clinic, Simon spoke about trends in the Bay Area real estate market and answered questions from callers, along with a panel of local
real estate agents.

You can listen to the entire podcast of this month’s show, including Simon Offord’s insights, by clicking the button below.

brian copeland show

NEW BLOG ARTICLES

commercial dual agency

San Jose Tenant Protections

Last month, the San Jose City Council passed a tenant protection ordinance that eliminated no-cause evictions. According to the ordinance, there are only 12 reasons, or “just
causes”, that a landlord can claim when beginning the eviction process. There are numerous technicalities to the rule, including which rental units are covered by the ordinance. Ashlee D. Adkins discusses the new law more in-depth in her most recent blog article.

Read More

commercial subleases

Sheriff’s Sales to Third Parties Cannot Be Set Aside

A recent case decided by the 4th Circuit California Court of Appeals held that a sheriff’s sale to a third party cannot be set aside. In the case, a debtor filed a motion against the judgment that triggered the sheriff sale, and a judge set aside the judgment. However, when the sale was voided, the buyer sued and won on appeal. Henry Chuang explains
the nuances of the case in his most recent blog article.

Read More

DID YOU KNOW?

You can find all of our firm’s published resources in one place on our website — our RESOURCE LIBRARY!

Access all of our resources, including

  • Past Newsletters
  • Articles
  • E-books
  • Infographics
  • Published Industry Materials
  • And much more!

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Brewer Firm News

  • Simon Offord was the featured speaker at the Santa Clara County Association of REALTORS® (SCCAOR) on June 1st about the risks of non-contingent offers
  • In their official capacity as executive committee members of the State Bar of California, Peter N. Brewer (Committee Chair) and Clayton Dodds attended the Law Practice Management & Technology Section executive committee meeting in Los Angeles on May 15th
  • Charlie Bronitsky and Ashlee D. Adkins won a post-trial motion defense and successfully
    defended against a motion for new trial and judgment notwithstanding the verdict
  • Julia M. Wei celebrated her birthday on May 23rd

  • Henry Chuang and his husband enjoyed a trip to explore Peru from May 19th-29th

  • On May 18th, Simon Offord gave a presentation to the Silicon Valley Associates regarding mediation, arbitration, and liquidated damages
  • Ashlee D. Adkins attended “How to Unravel the Mystery of Getting Your Default Judgment” put on by the Santa Clara County Bar Association on May 22nd
  • In his capacity as chair of the Legal Marketing Association (LMA) Silicon Valley city group, Director of Marketing Clayton Dodds produced the 5th Annual LMA Silicon Valley In-House Counsel Summit on May 25th, featuring in-house counsel panelists from Tesla, PayPal, Hewlett Packard Enterprise, and ClearSlide.
  • Simon Offord assisted multiple clients relating to the review and preparation of commercial leases, including for a dental office in Redwood Shores and a restaurant in the San Francisco Mission District