Abandonment by residential and commercial tenants is an issue that frequently arises in California. Effective January 1, 2019, the statutory provisions relating to a landlord establishing a legal abandonment will be revised. Civil Code Section 1951.3 will be restricted only to residential real property, with the Legislature creating a new Civil Code Section 1951.35 for…

I’ve written a few blog posts over the past few months about SB 35 and its potential as a game-changer in more expeditiously getting development projects entitled and approved by local jurisdictions. Just this week, Cupertino approved a massive mixed-use development (with almost 3,000 units of new housing) after the City determined that it fell…

SB 2, which went into effect on January 1, 2018, acted to implement an additional $75 recording fee for most real estate documents, up to $225 per transaction. The fee applies to any deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request…

I just wanted to follow up briefly on my last blog post from a few weeks ago highlighting a local developer invoking SB 35 on a controversial project in Berkeley. Since then, another developer at a high profile proposed development, this one in Cupertino near the new Apple campus, has turned to SB 35 to…

I’ve included a link below to a recent article in the San Francisco Chronicle concerning a proposed development in Berkeley and the implications of the recently enacted SB 35 here in California. While this developer is one of the first to invoke the provisions of SB 35, this may become an increasingly popular tool for…

As virtually everyone knows by now, Congress passed and the President recently signed a comprehensive overhaul of the U.S. tax laws at the end of 2017. While all of the details are still being analyzed (the final bill was in excess of 1,100 pages) and we await clarification from the IRS on how several of…

Commercial Leasing As a commercial landlord, it can be too easy to sign a lease for a longer term, and then just rely on the built-in rental increases as time passes. If a tenant has a 5-year lease with a 5-year option to extend, you may not even think about updating the lease for 10…

With the calendar turning to December today, I thought about how quickly 2017 has flown by and that it will be 2018 in just a few short weeks. In a state like California, that means a new wave of laws that have been enacted in the past year that will take effect come January 1st….

After I posted my last article on the benefits of forming single purpose entities to hold real property, a law school friend of mine with extensive title experience, Nate Jones at Land Services USA, provided an insightful comment on LinkedIn concerning closing requirements relating to entity documentation from a title company perspective. The topic is…

Roscha & Odne LLP has represented numerous builders, developers and landowners in Contra Costa, Solano, Napa, and Alameda counties with respect to the acquisition and development of real property. Many parties prefer to prepare a letter of intent to be signed by the parties, which sets out the key terms by which the parties would…

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