Case Studies

Landlord, Tenant, Leases

  • Mediated landlord tenant dispute arising from tenant abandonment during COVID leading to alleged damages from unpaid rent.
  • Mediated landlord tenant dispute arising from a commercial lease involving a hairdresser salon with tenant abandonment during COVID, with landlord seeking damages for unpaid rent.
  • Mediated landlord tenant dispute between shopping plaza owner and a mobile phone retailer required to close the store by mobile phone manufacturer, abandoning the lease with failure to pay rent over the lease term.
  • Mediated dispute between commercial landlord and a restaurant where ownership and assignments were disputed due to unfinished transaction during the pandemic.
  • Landlord-tenant dispute relating to unpaid rent by a restaurant/bar during the pandemic, with a local order preventing access during a portion of the time, and dispute whether certain lease language abrogated rent during the period of the order.
  • Mediated commercial landlord tenant dispute between related family limited liability companies, one of which owns wine vineyard land and the other of which owns the winery business. The vineyard business undertook a large expansion project without county construction permits and faced a substantial fine and shutdown order, leading to an inability to pay rent. Landlord was seeking back rent and payment for portions of the construction and fines.
  • Mediated commercial landlord tenant dispute concerning a multi-year lease on a full floor of an office building. The tenant alleged that faulty elevators continuously broke down and dropped several floors making the tenant employees afraid to ride the elevators. In addition, distancing requirements during the COVID-19 pandemic lead to lengthy elevator wait times. Tenant alleged that the combination of these factors lead to a constructive eviction allowing the tenant to withhold rent which it placed into an escrow account. Landlord alleged that tenant’s cloud based business was not impacted by the elevators or COVID since its employees could work from home while accessing the servers remotely.
  • Mediated commercial lessor claim against Director and owner of a commercial lessee for unpaid back rent prior to unlawful detainer action and voluntary termination of premises, and for balance of rent over the term of the lease, on an alter ego theory because the corporate tenant had entered bankruptcy.
  • Mediated commercial landlord tenant dispute involving a nightclub specializing in weekend events which was subjected to COVID lockdowns followed by severe capacity restrictions making it impossible to pay rent, with both the landlord and tenant seeking to terminate the lease with lack of agreement on the amount of the termination payment.
  • Mediated a commercial lease dispute involving a fully executed lease assignment except for the effective date which the assignee intended to be contingent on the purchase of a restaurant business which failed to close due to denial of an SBA loan during the pandemic with the lender continuing to seek full rent payments and payments on guarantees from both sellers and buyers.
  • Mediated commercial sublease dispute between tenant and sublessee regarding the exact space which was rented, walls constructed to demise the space, and payment off utility bills, leading to tenant move-out, and competing claims for unpaid rent and utilities and damages for wrongful eviction.
  • Mediated commercial lease landlord tenant action concerning whether landlord waived its notice to quit by accepting rent, where non-waiver clause in the lease was found to be limited to lease defaults and not acceptance of rent.
  • Mediated matter where landlord asserted claims against tenant for fraud, concealment and emotional distress arising from defendant’s offer to assist on repair work on several rental properties at no charge, then fabricating claims in defense of her small claims case arising from breach of lease, threatening harm if she did not drop the case
  • Mediated real estate litigation where tenant on a 12 year written lease on a 5 acre parcel with residence alleged that there was an oral agreement that the landlord would convey the property to him fo no additional consideration at the end of the lease term. Landlord cross claimed for breach of lease and waste.
  • Mediated a landlord tenant case alleging retaliatory eviction based on complaints of rodent infestation, with improper notice to quit and failure to provide relocation assistance.
  • Mediated commercial lease dispute involving a fast food franchise operating in a downtown San Jose building arising from a dispute over the meaning of market rate rent in a lease extension.
  • Mediated commercial lease dispute between a hotel owner and a lobby tenant regarding whether a notice to vacate was valid.
  • Mediated commercial lease dispute for breach of lease for failing to pay rent, operating an unpermitted tire recycling business, failing to pay insurance and property tax increases.
  • Mediated wrongful eviction residential lease matter based on improper notice, proceeding with eviction on default judgment after it was set aside, failure to pay statutory relocation allowance.
  • Mediated commercial lease dispute involving maintenance repairs by landlord which commercial tenant refused to pay on the basis that the work should have been done before and charged to the prior tenant.
  • Mediated commercial lease dispute arising from breach of settlement agreement for failure to make payments under a payment plan.
  • Mediated commercial lease dispute between shopping center landlord and a grocery store owner concerning disputed rent term and closure of store while lessee operated nearby store, resolved by termination of lease and rent concessions for construction improvements on another store.
  • Mediated commercial landlord tenant and restitution dispute based on renovations to church hall regarding theatre seating and unexpected termination or tenancy.
  • Mediated contract action by vendor against property manager and office building owner. The owner disputed whether it had consented to the services as allegedly required by the property management agreement. The defendants also disputed whether the vendor could sue the principal and the agent at the same time.
  • Mediated commercial lease dispute involving a retail business, with allegations of wrongful eviction and breach of lease and a lease option.
  • Mediated commercial lease dispute involving sewage damage to a retail business and landlord alleged damages due to unpaid rent and unlawful detainer action.
  • Handled a lease dispute between a savings and loan and another savings and loan concerning the occupancy of an office building.
  • Mediated seventy-five different residential landlord tenant eviction matters, alleging breach of lease, unpaid rent, or nuisance with defenses including habitability issues, landlord harassment and rent control violations. Several were resolved with tenant buyouts.
  • Mediated landlord-tenant commercial lease dispute involving terminated long term lease, oral agreement re month to month continuing lease in smaller downsized quarters at a lower rate, which lead to tenant departure and competing claims for lost profits by tenant and lost rent by landlord.
  • Mediated landlord-tenant commercial lease dispute regarding a warehouse to be used for cannibus growing and dispensary, where a short term oral lease and contemplated investment by landlord were terminated, leading to landlord claims for loss of rent and damages to premises and tenant claims for fraud and breach of contract, claiming millions in lost profits and out of pocket losses.
  • Mediated landlord-tenant damages dispute involving claimed damages to the premises by the tenant and failure to return security deposit by the landlord.

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