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Government Notice to Vacate Due To Substandard Conditions Does Not Terminate Lease

A property deemed “substandard” under the State Housing Law does not affect a tenant’s rights under the tenancy. Thus, where the enforcing agency posts a code enforcement notice—or “red-tag”—requiring that the property be vacated due to its “substandard” condition, the tenancy survives the red-tagging and the lease is not terminated. (Erlach v. Sierra Asset Servicing (2014) 226 CA4th 1281)

For further information, please contact Wallace, Richardson, Sontag & Le, LLP at (949) 748-3600; website: 

The law firm of Wallace, Richardson, Sontag & Le, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 

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June 22, 2015 | Landlord-Tenant Law |