If there’s one word that describes the Los Angeles area (and of course, there are many), it’s “sprawling.” Commercial and residential development has moved further away from downtown Los Angeles and the primary areas where people lived and worked throughout at least the first half of the 20th century.

Rather than continue to build further outward, the Governor’s Office of Planning and Research has been working to support what’s known as “infill development” or sometimes “compact development.” That means building within existing developments, often in urban areas, on unused or underused land.

The advantages of infill development

Infill development has a number of advantages for the people and the environment of Los Angeles (and other cities where it’s used). For example, it reduces the need for people to drive their cars to and from work and other activities. They’re more likely to use public transportation or “active” transportation like bicycles. Both of these options reduce greenhouse gas emissions.

It also means that less agricultural land, including sensitive habitats, has to be converted to commercial and residential development. It also lowers the costs of building and maintaining infrastructure.

Infill development also helps people create a neighborhood feel that’s often lacking – particularly in more urban areas. When people live, work and socialize in a more compact area, they’re more likely to develop a sense of community.

What qualifies as an “infill site” in California?

Under state law, the site needs to meet at least one of the following requirements:

• Be in an area “previously developed for qualified urban uses” 
• Be adjacent to land developed with qualified urban uses
• Have at least 75% of the land surrounding it developed with qualified urban uses 

Under the California Environmental Quality Act, qualified urban uses include “any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.” The law now includes industrial use in that definition as well.

If you’re interested in infill development and making sure that your development meets the state and local requirements to qualify, then you’ll likely want guidance. This will ensure that you don’t unnecessarily expose yourself to legal liability.

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A lot of boundary disputes involve fences. For instance, you may believe that the new fence that the business owner who owns the property next to yours just put up is actually on the wrong lot. You think it’s a few yards onto your property, essentially allowing that person to “steal” the land.

Now, this could be intentional or it could be an accident. You don’t know, but you still understand that the lot line needs to be respected and the fence needs to be moved.

In some cases, though, you may have an issue with a fence that is on your neighbor’s property, but that still negatively impacts the value of your property. This is sometimes known as a spite fence, and it may be illegal.

How it works

A spite fence is one that is designed to be unsightly. It has no purpose and is not useful, but it has been built specifically to harm your property value. There is a level of malicious intent in this construction; i.e., it was built out of spite.

For example, the neighboring business has a fence on your property. You ask them to move it. They’re angry, since this will be a very expensive process, but they can’t deny that you are correct. It is on your land.

When they move it, they extend it upward. Instead of a five-foot fence marking the line, they erect a 20-foot fence. Clearly, the goal here is to box in your property, ruin your view, and hide your business from the street. They’re doing it to make your property less attractive and to cost you business. Even if the fence is technically on their land now, they’ve taken steps to ensure that it has a negative impact on your life and your company.

What should you do?

You can imagine how frustrating this would be on a daily basis and how much the value of your property would plunge if you were looking to sell. That causes real financial harm. You must be sure that you know what legal steps you can take to put a stop to it.

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In a perfect world, all residential tenants would be responsible people who take care of their apartment as if they owned it, would cause no careless damage beyond the ordinary “wear and tear,” would make very little or no noise and would always pay their rent on time. On top of all that, they would be pleasant, agreeable and honest.

As most landlords in California and elsewhere realize, it certainly is not an ideal world. Some tenants do resemble those described above. They are people who resolve to consistently live up to their end of the deal when they rent residential property like apartments. Landlords value individuals like that.

But other tenants are more problematic. At worst, they can be a source of endless, frustrating headaches for landlords. You may be a responsible landlord with either great or bothersome tenants. Regardless, you need to be absolutely sure that the leases your residential tenants sign contain all the appropriate elements and are written in compliance with the law. You want to be covered for any situation that may arise now or in the future.

Things to include in your tenants’ leases

While it’s best to take your unique needs into account, every lease should:

• State the procedure for tenants to follow if they have gripes or questions.
• Describe everything that pertains to actually paying the rent. That means how it can be paid, what is the due date and what happens if it is missed.
• Define the property’s occupancy capacity. Guidelines that may apply are the physical size of the property, any local laws plus the Fair Housing Act.
• Put in all the routine items, like the apartment’s address. The adults living there should each sign the lease.
• Note if the lease is by month or year.

Make your residential lease as airtight as possible

There are many important details that should be in a residential lease. Protect yourself by consulting an expert to be sure that you have mentioned all of them. 

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Typically, only residential leases have clauses specifically addressing companion animals like dogs. Commercial leases usually don’t talk about animals or pets at all. However, that has begun to change.

Pet ownership has been on the rise in the United States in recent years, and many professionals dislike the idea of leaving their beloved companion animals at home all day while they work. If you are about to lease office space or retail space, should you consider asking your landlord to include a clause that allows pets?

The benefits of a pet clause

If your landlord agrees to accommodate employees’ animals at the rental space, that could make your company’s job openings much more attractive to many professionals. Being able to bring your dog with you to the office if the animal behaves properly is an attractive benefit that many people would jump at the opportunity to have. Additionally, pets can attract customers to retail spaces and can give your company a very friendly, community-oriented feel.

The risks of asking for a pet clause in your lease

The first and most obvious concern is that the landlord will not only be unreceptive but may no longer be willing to rent to you out of concern that you could bring animals into the building anyway.

It’s also possible that you may have to pay more for the space if you ask for that additional accommodation from the landlord. The landlord could also increase the rental costs they intend to charge you or expect you to carry even more insurance while renting the space.

Learning about the different terms you can add to a commercial lease can help you negotiate for the most favorable ones possible.

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Tobacco consumption is not as common as it was just a few decades ago. An increase in public awareness about the risks of smoking combined with the increased cost of tobacco products has led to a tapering off of smoking in general and amenities targeted at smokers. 

Still, millions of Americans smoke regularly. Many individuals may want to smoke at home, even if they can’t smoke at work or when dining at a restaurant anymore. Although tobacco users may want a comfortable place to smoke, their landlords may not allow smoking in their properties. 

Cigarette or cigar use can easily lead to conflicts between landlords and tenants. Can a landlord financially penalize or evict a tenant for smoking in one of their units?

The lease generally determines what steps a landlord can take

California does not have a law specifically prohibiting the use of tobacco products inside residential properties. However, the state does restrict smoking in certain public places, such as right outside of a residential building where other people live. Property owners have to make their own decisions about tobacco use. 

Landlords in California have the right to include certain restrictions in the leases that they execute. They can limit any actions that might damage their units or lead to financial or legal problems. Given that it can cost as much as $15,000 to address the cosmetic damage and health risks caused by smoking tobacco inside an apartment, landlords may have a strong incentive to prohibit tobacco use or make a financial claim against a tenant who smoked inside in violation of their lease. 

Learning more about California’s laws can help you respond appropriately during a landlord-tenant conflict about tobacco.

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You want to go into business by investing in real estate projects. Perhaps you’re looking to buy empty lots or old buildings and then develop them. You know there is a lot of money to be made, but you also need money to start the project, so you begin by looking for investors who share your vision. 

Once you find one, how should you proceed? Do you need to use a contract, or is it enough if the two of you simply agree to work toward the same goal? 

A contract is crucial

It really is important to have an official contract. Remember that you have a lot on the line — not just the money you have invested, but the future of your business as a whole. You don’t want to leave anything up to chance. A contract lets you define things like:

• What your roles with the development will be
• How ownership will be divided
• How you can resolve any disputes that may arise
• How and when someone can leave the partnership
• How potential earnings will be divided
• Exactly who will be involved in the project
• How to break the partnership if things do not go well
• What sort of return the investors can expect

You can also use the contract to make sure that you both have the same vision. Are you looking to own the development, running it and leasing out space, or are you just trying to develop it and then flip the property for a profit? You need to have the same focus, and you need to know what legal steps to take to protect yourself and your investment if a dispute does arise.

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When a landlord signs a lease with a new tenant, that tenant becomes responsible for paying rent. It is common for commercial leases to last for three to five years.

However, businesses don’t always survive for as long as the owner may have hoped they would when they leased the property. What happens to a commercial lease when the business that signed the lease goes out of business?

Landlords and tenants can cooperate

Sometimes, the end of a business won’t result in a lease dispute. If the landlord understands the situation and agrees to let the commercial tenant leave the property or find someone to assume their lease, there may not need to be any conflict.

A business no longer in operation likely won’t have the resources to continue paying rent indefinitely. A landlord may benefit more from getting a new tenant now rather than trying to enforce the lease and letting the unit sit vacant. Provided that the parties can compromise, the early termination of the lease won’t necessarily lead to legal action.

What happens when landlords and tenants don’t agree about the next step?

If the landlord wants to demand repayment for the remainder of the lease, they may take their tenant to court. Sometimes, tenants may try to convince the court that the terms of the lease allow them to terminate it early. Other times, they might respond by filing for bankruptcy and dissolving the business.

Tenants who are unable to pay their leases and landlords trying to enforce a commercial lease will need to review the document before deciding what steps to take next. Learning more about commercial leases can help businesses and landlords handle rental disputes more effectively.

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People who are interested in pooling their resources with others to make real estate investments they couldn’t handle on their own have several types of real estate investment groups (REIGs) to choose from. A popular one is a real estate limited partnership (RELP).

A RELP typically consists of one or more general partners who have full liability for the RELP’s investment in a project. A general partner can be a real estate development firm, a property manager or even a corporation that takes primary responsibility for the project and the day-to-day decisions around it.

The limited partners are typically outside investors who have only a limited say in the project – taking a “hands-off” approach. Their role is to provide the money needed to make the project possible, in exchange for what they hope will be a healthy return on their investment.

The importance of the RELP partnership agreement

It should be noted, however, that some RELPs are more collaborative than others. The partnership agreement for the RELP determines how much of a role the various partners will be able to play in choosing and managing the real estate projects for investments. It should also detail things like the minimum investment required of each limited partner, how dividend distributions are made, voting rights and other provisions. Most RELPs have a predetermined end date.

If you’re forming a RELP or considering joining one, it’s wise to seek legal guidance. Certainly, when developing your partnership agreement, you need experienced help. While no real estate investment is a sure thing, it’s essential to weigh the potential risks and rewards and understand the tax implications for you.

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Real estate prices in California have remained among the highest in the nation in recent decades. When you spend more per square foot or acre than people in other places, it’s only natural to be defensive about your property rights.

Few issues can damage your relationship with your neighbors as quickly as a boundary dispute can. Misinformation or confusion might lead to neighbors having very strong, differing opinions about where the boundary line between their property is.

When one neighbor wants to expand their house, put in a garden or install a fence, a boundary line dispute can lead to major issues. How can you resolve the dispute?

Check your title paperwork

When you bought the property, one of the most important documents that you likely didn’t review was the property description. Depending on where your property is and the way that subdivision of bigger parcels has occurred in the area, your property description could be an entire paragraph of detailed, confusing terms.

Your property description will ostensibly tell you where the boundary for your property is. In some cases, you and your neighbor may be able to compare your title paperwork and clarify where the boundary falls.

Bring in professional help

Making sense of the legal description isn’t always easy. You may need to consider hiring a surveyor to come and establish the boundary for your property. Bringing in a professional can be the fastest way to resolve the issue and can make it easier for you to push back in court if your neighbor continues to violate your property rights.

Resolving a boundary dispute often requires patience and experienced legal guidance. However, it will protect the land that you have invested so much in over the years.

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If you are a California property owner, you already know that tenants’ rights are strong in our state. But that by no means leaves property owners without options when dealing with their tenants.

One situation that you could, unfortunately, have to face involves a tenant whom you suspect of illegal drug usage, sales or manufacturing. This certainly is not the type of tenant you want to attract, as their mere presence on your property can drop its value significantly should a drug-related incident occur on your premises.

What steps you can take if you suspect the presence of illegal drugs

Documentation is key, whether you are building a case to simply evict the problem tenant or for the police to pursue further. Since an active meth lab on your property could cause hundreds of thousands of dollars in decontamination costs of multiple units or an entire building, you need to act swiftly.

Remember: Never act without clear information. The odd chemical odors emanating from a unit in your apartment building could have a legitimate and legal source. Barging into a tenant’s unit without warning could leave you open to civil claims from your tenant. However, it is within the realm of possibility for the building manager to inquire as to the source of an odor based on tenant complaints.

Play it by the book when evicting a tenant for criminal activity

Since anyone involved in illegal drug activity is by definition a criminal, you don’t want to place yourself at any risk of retaliation or violence. Understanding and managing the risk involved in getting rid of dangerous tenants can best be handled by professionals in the industry.

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