Evictions and Eviction Defense
Prosecuting and defending unlawful detainer actions, and negotiating lease work-out agreements.
Representing Landlords, Sublandlords, etc.
Mr. Lines’ introduction to unlawful detainer litigation was representing shopping center developers like Ernest W. Hahn, Macerich, and Westfield, as well as several smaller developers.
The simplest eviction action is the one filed against a tenant who does not dispute the amount demanded in a properly served notice, cannot afford to pay the rent demanded (and probably has rejected a reasonable lease-work offer), cannot afford to pay for a diligent defense, but simply refuses to vacate the leased premises. Many owners and managers can reduce the cost of evicting these tenants by taking responsibility for the pre-litigation work.
At the other end of the spectrum is the tenant who has breached a non-monetary covenant. If the notice to perform covenant or quit is not carefully drafted, defects in the notice can provide a successful defense. These cases typically raise questions about what the lease requires, what is a sufficient cure, and whether the landlord has waived any rights.
Mr. Lines offers agreements for reducing the cost of litigating these cases.
Representing Tenants, Subtenants, etc.
California code and case law requires strict compliance with all of the requirements imposed by the unlawful detainer statutes. If the tenant is diligently represented, the landlord’s coming close to doing what is required is not good enough.
The experience Mr. Lines gained from representing landlords has benefitted many tenants. Mr. Lines has represented tenants like “The Good Guys!”, “CompUSA”, “The Discovery Channel Store”, “Pacific Sunwear”, and “Calvin Klein” as well as several smaller tenants in litigation and pre-litigation disputes over the payment of rent.
Perhaps the most valuable service Mr. Lines offers tenants is his substantial experience in negotiating lease work-out agreements.
Mr. Lines offers agreements for reducing the cost resolving these disputes without litigation and/or the cost of litigating these cases.
Lease Work-Out Agreements
Mr. Lines has substantial experience in negotiating lease work agreements, and using stipulations for judgment with covenants not to execute and options to terminate, to document such agreements.
A landlord’s contract right to collect rent does not pay the landlord’s bills. In this economy, responsible tenants with good businesses are not selling the goods and services needed to pay the amount of rent they most certainly promised to pay when they were selling more goods and services. What does a landlord gain by evicting an established tenant who is guilty of nothing more than being unable to pay what has become above-market rent? Why not give existing tenants the opportunity to pay market rent, and avoid a loss monthly rental payments while looking of a new tenant, in return for landlord-favorable terms which do not increase the tenant’s operating expenses?
Fees
Mr. Lines offers limited-service flat rate agreements for failure to pay rent evictions. The flat rate options serve the needs of owners and managers of smaller commercial developments who would prefer to reduce the cost of evicting tenants by doing the pre-litigation work themselves.
Mr. Lines offers full-service discounted rate agreements to the owners and managers of a portfolio of commercial developments who agree to exclusively use Mr. Lines’ services for eviction and lease dispute litigation.
Mr. Lines offers full-service discounted rate agreements to clients who pay a minimum monthly retainer.