Entries by Crysta Dwyer

Can I Stop Paying Rent or be Excused from My Contract? Understanding and Enforcing Force Majeure Provisions in a Global Pandemic

Our previous blog post discussed SBA disaster loans and companies needing to consider a capital infusion to stay afloat during the Covid-19 pandemic. But what about cancelling contracts or being excused from performing contractual obligations? This question is answered by determining whether nonperformance was contemplated in a “force majeure” provision, or if the coronavirus affected […]

Landlord Disclosures to Tenants Under California Law: The Residential Lease

Real estate sales continue to flourish in the Tahoe-Truckee region. Landlords that have bought income-producing properties commonly request our assistance drafting and analyzing residential leases. Similar to the purchase and sale of real estate, California law mandates that certain disclosures be provided to tenants. Other disclosures are not mandatory unless they relate to the rental […]

California’s Response to Covid-19: Regional Stay-at-Home Order Precludes Hotel, Lodging, and Short-Term Rental Reservations

On Friday, December 11, 2020, the Regional Stay-at-Home Order (the “Order”) went into effect in Nevada and Placer County. The Order was announced by Governor Newsom on December 3, 2020, supplemented on December 6, 2020, and becomes effective if Intensive Care Unit (ICU) bed capacities dip below 15% in one or more of five California […]

AB 3088: NEWSOM SIGNS CALIFORNIA STATEWIDE COVID-19 TENANT EVICTION PROTECTION LEGISLATION

On August 31, 2020, Governor Gavin Newsome signed AB 3088 enacting the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020. The Act was signed into law to address what is expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated business closures.  Moratorium on Unlawful Detainer […]

KEEP YOUR DOG “UNDER CONTROL” OR FACE LIABILITY

            Our Tahoe-Truckee Community is a dog’s heaven. We are dog friendly. However, ownership of a dog comes with responsibilities.             In the old days, if your dog bit someone there was the so-called “one free bite” rule, which has long since been abolished. DOG CAUSES INJURY ON HIKING TRAIL             Diane Wolf was hiking […]

Releasing Earnest Money Deposits as Liquidated Damages and California’s Real Estate Response to COVID-19

Real estate in California has seen a consistent theme: a dearth of closings for pending transactions. Parties commonly utilize a Residential Purchase Agreement (C.A.R. Form RPA-CA) (“C.A.R. Form”), provided by the California Association of Realtors (“C.A.R.”), to make offers, counteroffers, and accept the negotiated purchase and sale of real estate. Immediately after the impacts of […]

MAIL-IN (ABSENTEE) BALLOTS HOTLY CONTESTED

            “There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent. Mailboxes will be robbed, ballots will be forged and even illegally printed out and fraudulently signed.”             That, my friends, was your President, lying or providing misinformation again for the 16,000+ time according to The Washington Post.             In […]

WHERE DO “SURPLUS PROCEEDS” FROM A FORECLOSURE SALE GO?

            It is likely in these troubled times that we will have a resurgence of foreclosures and bankruptcies as folks struggle without jobs and are unable to fully open their businesses. We will soon put out a column on when and how to file for bankruptcy. Today’s column is on foreclosures which I counseled hundreds […]