Leases

Real Estate Law

Landlord & Tenant Lease AttorneyLos Angeles & Glendale

Vacant storefront with frosted glass windows above a brick sidewalk, ready for a new commercial tenant

Commercial and residential lease negotiation and disputes for landlords and tenants in Los Angeles and Glendale.

What does a landlord tenant attorney in Los Angeles do?

A landlord tenant attorney in Los Angeles reviews and negotiates leases, resolves rent, CAM and default disputes, enforces or defends personal guaranties, and advises on residential rules such as AB 1482 just cause, the Los Angeles Rent Stabilization Ordinance and the security deposit limits in Civil Code section 1950.5. When a tenancy must end, the work moves to notices and unlawful detainer cases.

At a glance

Deposit limit
One month's rent for most residential leases since July 1, 2024
Governing law
Civil Code § 1950.5 deposits; § 1951.2 commercial landlord remedies
Local rules
LA RSO 3 percent increase, July 2026 through June 2027
We represent
Landlords, commercial tenants, residential tenants and property managers

A landlord tenant attorney in Los Angeles or Glendale works with two different bodies of law: commercial leases, which California enforces largely as written, and residential tenancies, which carry statutory protections such as AB 1482 and the Los Angeles Rent Stabilization Ordinance. DiJulio Law Group negotiates and litigates both for landlords and tenants.

Commercial and residential lease law in Los Angeles County

Commercial leasing in Glendale and Los Angeles is unforgiving because California gives commercial tenants very little statutory protection. Whatever the lease says about operating expenses, percentage rent, relocation rights, or a personal guaranty is likely what governs. The negotiating leverage exists once, before signing, and the review that matters most costs a fraction of the dispute it prevents.

Residential leasing is the opposite: heavily regulated, and increasingly local. The City of Los Angeles administers a long-standing Rent Stabilization Ordinance covering many older units, statewide limits on rent increases and just-cause termination apply to much of the remaining housing stock, and cities including Glendale have adopted their own tenant protections. Whether a specific unit is covered, and by which rule, is a threshold question that changes the entire analysis.

Disputes we handle run from unpaid rent and CAM reconciliations through habitability claims, constructive eviction, holdover and lockout issues, and force majeure and casualty arguments of the kind examined in SVAP III Fitness International. Where the relationship or the tenancy is worth preserving, mediation often resolves the money faster than an unlawful detainer calendar.

When a lease dispute turns into a notice to pay or quit or a termination, the process and deadlines are covered on our eviction and unlawful detainer page. The leading habitability case, Green v. Superior Court, explains why repair problems can become a defense to an eviction.

Commercial vs residential leases in California

Two tracks

California treats commercial and residential leases very differently. A commercial lease is enforced largely as written, so the rent, CAM, default and guaranty terms usually decide the dispute. A residential lease sits under statutes that cap deposits, require habitable conditions, and, for many units, limit rent increases and require just cause to end the tenancy.

Commercial and residential leases compared
IssueCommercial leaseResidential lease
What governsMostly the lease itself, read as a contractThe lease plus statutes and, in Los Angeles and Glendale, local ordinances
Rent increasesAs the lease providesFor many units, 5 percent plus cost of living or 10 percent, whichever is lower; RSO units 3 percent through June 30, 2027
Security depositAs negotiatedGenerally one month's rent (Civ. Code § 1950.5); two months for qualifying small landlords
Ending the tenancyBy the lease terms; 60-day or 30-day notice for qualified small commercial tenants on periodic tenancies (Civ. Code § 1946.1)Just cause after 12 months under AB 1482, or sooner under the LA JCO and RSO
Landlord remedies on defaultRent and damages under Civ. Code § 1951.2, reduced by losses the tenant proves were avoidableUnlawful detainer for possession, plus unpaid rent
Condition of the premisesUsually allocated by the leaseImplied warranty of habitability (Green v. Superior Court)
One hand offering keys to another open hand, the moment a new tenant takes possession
A commercial lease sets rent, term, repair duties, and use limits, so its wording matters long before a dispute begins.

Residential leases in Los Angeles: AB 1482, the RSO and the JCO

Residential

A Los Angeles residential lease may be governed by three overlapping rule sets: AB 1482 statewide rent and just cause limits, the City's Rent Stabilization Ordinance for most units built on or before October 1, 1978, and the Just Cause Ordinance for most other City units. Coverage controls the allowable rent increase, the notice required and any relocation payment.

Lease renewals and rent increases are where these rules most often collide. Before serving any notice, confirm coverage and then read our eviction and unlawful detainer guide for the notice types and deadlines.

  • AB 1482 requires just cause, stated in the notice, once a tenant has lawfully occupied the unit for 12 months (Civil Code section 1946.2).
  • For RSO units, the allowable annual increase is 3 percent from July 1, 2026 through June 30, 2027.
  • The JCO protects tenants after six months or when the first lease expires, whichever comes first, and does not cap rent.
  • No-fault terminations of RSO and JCO tenancies require relocation assistance set by LAHD each July.
  • Glendale has its own Rental Rights Program, including a requirement that landlords of covered units offer a one-year lease.

Security deposit limits after AB 12

Civil Code § 1950.5

Since July 1, 2024, Civil Code section 1950.5 generally caps a residential security deposit at one month's rent, plus first month's rent. A landlord who is a natural person, or an LLC of natural persons, owning no more than two rental properties with four or fewer units may collect two months, except from a service member.

Residential security deposit checklist

  • Confirm when the deposit was collected; the one-month limit does not apply to security collected before July 1, 2024.
  • Check whether the landlord qualifies for the two-month small-landlord exception, including family trust ownership.
  • Do not apply the two-month exception to a prospective tenant who is a service member.
  • If a higher deposit is charged to a service member based on credit or rental history, give the required written statement and return the extra amount on schedule.
  • Return the deposit with an itemized statement no later than 21 calendar days after the tenant vacates.
  • Keep move-in and move-out photographs to support every deduction.

Commercial lease disputes: CAM, landlord remedies and personal guaranties

Commercial

Commercial lease disputes in Los Angeles usually turn on the lease text: how operating expenses are defined for CAM reconciliations, what the landlord may recover after a default under Civil Code section 1951.2, and how far a personal guaranty reaches. Each is negotiable before signing and largely fixed afterward.

Force majeure and casualty clauses are read narrowly; in SVAP III v. Fitness International, closure orders did not excuse rent. Where the relationship is worth keeping, mediation often resolves CAM and default disputes faster than litigation.

Lease terms

CAM reconciliation

Year-end reconciliations are tested against the operating expense definition, capital expenditure exclusions, caps, gross-up provisions and the audit clause.

Timing: the lease audit window, often short

Civ. Code § 1951.2

Landlord remedies

After termination, a lessor may recover unpaid rent and future rent, less the rental loss the lessee proves could have been reasonably avoided, plus other damages caused by the breach.

Future rent after the award only if the lease provides or the lessor relet reasonably

Guaranty terms

Personal guaranties

Exposure depends on whether the guaranty is limited in time or amount, whether it covers renewals and amendments, and what defenses the guarantor waived.

Review before signing and before any amendment

Civ. Code § 1946.1

Small commercial tenants

Qualified commercial tenants, such as microenterprises and small restaurants and nonprofits that give the required notice, receive 60 days' notice to end a periodic tenancy, or 30 days if in occupancy under a year.

Tenant must provide the written self-attestation

R. David DiJulio, Managing Partner, DiJulio Law GroupManaging PartnerR. David DiJulioRead profile
Office
330 North Brand Boulevard, Suite 1280, Glendale, California 91203
Courts
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Focus
Property disputes, purchase and sale litigation, leases, disclosure claims, and land use across Los Angeles County.

Lease matters our landlord tenant attorneys handle

For landlords, tenants, property managers, and investors across Los Angeles and Glendale.

Commercial Lease Negotiation

Letters of intent, retail, office, and industrial leases, work letters and tenant improvement allowances, exclusive use and co-tenancy clauses, and personal guaranty terms.

CAM & Operating Expense Disputes

Audits and challenges to common area maintenance reconciliations, capital expenditure pass-throughs, administrative fees, and gross-up provisions.

Default & Cure Disputes

Notices to pay or quit, cure and grace periods, waiver by acceptance of rent, lease termination rights, and the recovery of rent and damages after abandonment.

Habitability & Repair Claims

Residential habitability standards, repair-and-deduct disputes, and claims involving water intrusion and mold in rental property.

Rent Stabilization Questions

Whether a unit is covered by a local ordinance or statewide rules, allowable increases, just-cause requirements, and relocation obligations.

Assignment, Subletting & Guaranties

Consent standards, recapture rights, enforcement of and defenses to personal guaranties, and lease assumption in a business sale.

Landlord and tenant lease disputes we see in Los Angeles

Composite examples of the matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.

The CAM Reconciliation

A Glendale retail tenant receives a year-end reconciliation nearly doubling its expected operating expenses, including a roof replacement passed through in full. Whether that charge is permitted turns on the operating expense definition, the capital expenditure exclusion, and the audit rights in the lease.

The Personal Guaranty

A restaurant closes and the entity tenant is judgment-proof. The landlord pursues the founder on a personal guaranty signed five years earlier. The exposure depends on whether the guaranty was limited in time or amount, and whether lease amendments discharged it.

The Covered Unit

A small landlord serves a notice to raise rent substantially, then learns the building may be subject to rent stabilization. Coverage, allowable increase, and notice requirements determine whether the increase is valid or exposes the landlord to liability.

First steps when a lease dispute starts

  1. Assemble the whole document

    The lease, every amendment, the guaranty, the estoppel certificates, and the correspondence. Lease disputes are decided on the complete document set, and partial records produce wrong answers.

  2. Calendar the cure period

    Notice and cure deadlines in California leases are short and strictly enforced. Missing one can forfeit a tenancy or waive a landlord's remedy entirely.

  3. Preserve the payment record

    Accepting rent after a default can waive it; paying under protest can preserve a challenge. How money moves during a dispute frequently determines the outcome.

When to involve a landlord tenant attorney

  • You have been presented with a lease, LOI, or renewal and have not yet signed.
  • A reconciliation, escalation, or pass-through charge does not match your understanding.
  • You received or intend to serve a notice to pay rent or quit, or a notice to cure.
  • A tenant has abandoned the premises or a landlord has locked out a tenant.
  • You are being asked to sign, or are enforcing, a personal guaranty.
  • You are unsure whether a residential unit is subject to rent stabilization or just-cause rules.

California lease statutes and Los Angeles rent rules

Lease and tenancy cases we’ve analyzed

Court decisions and legal developments DiJulio Law Group has written about. Each summary explains the law; none describes a firm client or result.

Landlord and tenant lease questions in Los Angeles

What landlords and tenants in Glendale and Los Angeles ask about lease terms, defaults, and rent regulation.

Do I need a landlord tenant attorney in Los Angeles?

You likely need a landlord tenant attorney in Los Angeles if you are signing or renewing a commercial lease, enforcing or defending a personal guaranty, disputing a CAM reconciliation, serving or responding to an eviction notice, or unsure whether a residential unit falls under AB 1482, the Rent Stabilization Ordinance or the Just Cause Ordinance. Each of those situations has deadlines and rules that change the outcome.

How much can a California landlord charge for a security deposit?

Under Civil Code section 1950.5, a California residential landlord generally may not collect a security deposit greater than one month's rent, in addition to the first month's rent, for deposits collected on or after July 1, 2024, unless the landlord is a qualifying small landlord who may collect up to two months. The two-month exception does not apply when the prospective tenant is a service member.

Who qualifies for the small-landlord security deposit exception?

A California landlord qualifies for the small-landlord exception in Civil Code section 1950.5 if the landlord is a natural person, or a limited liability company whose members are all natural persons, and owns no more than two residential rental properties that together include no more than four dwelling units offered for rent. Natural persons include settlors and beneficiaries of a qualifying family trust.

How long does a California landlord have to return a security deposit?

A California landlord must return the remaining security deposit, together with an itemized statement of any deductions, no later than 21 calendar days after the tenant has vacated the premises, under Civil Code section 1950.5, delivered by personal delivery or first-class mail. Deductions must be supported, so move-in and move-out records matter.

How much can rent be raised on a Los Angeles RSO unit?

Rent on a unit covered by the City of Los Angeles Rent Stabilization Ordinance may be increased by 3 percent from July 1, 2026 through June 30, 2027, the annual allowance set by the Los Angeles Housing Department, and the landlord must give proper written notice before any increase. Units outside the RSO may instead be subject to the statewide limit in Civil Code section 1947.12.

What can a commercial landlord recover when a tenant breaks a lease in California?

When a commercial tenant breaches and abandons or the lease is terminated, Civil Code section 1951.2 lets the landlord recover unpaid rent and future rent, each reduced by the rental loss the tenant proves could have been reasonably avoided, plus other damages the breach caused. Rent for the balance of the term after the award is recoverable only if the lease provides for it or the landlord relet the property reasonably.

Can a commercial tenant dispute CAM charges?

Yes, a commercial tenant can dispute CAM charges when a reconciliation includes costs the lease does not allow, such as excluded capital expenditures, management fees above the stated cap or improper gross-ups, and the strength of the dispute depends almost entirely on the lease's operating expense definition and audit clause. Audit windows are often short, so review the reconciliation promptly.

Is a personal guaranty on a commercial lease enforceable after the business closes?

A personal guaranty on a commercial lease is generally enforceable after the tenant business closes, which is the reason landlords ask for one, but the guarantor's exposure depends on whether the guaranty was limited in time or amount, whether it covers later amendments and renewals, and which defenses the guarantor waived when signing. Those terms are worth negotiating before the lease is signed.

Lease help in Glendale and Los Angeles

Rent regulation and eviction procedure differ by city. These pages set out how leases are handled where the building is located.

Talk to a Real Estate Attorney

Send the lease before you sign it, or the notice before you respond to it. Both are cheaper to address in advance than to litigate afterward.

Request a consultation(818) 502-1700

330 North Brand Boulevard, Suite 1280, Glendale, CA 91203