Brief Case Synopsis: Trial court granted summary judgement for the landlord when landlord sought to evict the tenant from the premises for "illegal use" under the lease. The Court ruled the addendum was an illegal contract and was void and unenforceable. The landlord's consent to the use could not be an affirmative defense to the eviction action.
Recent Case Trial of a lease addendum between landlord's predecessor in interest and tenant allowing use of the premises' loft for short-term rental to occupants which was and is an illegal use under local ordinance may nonetheless be enforced by landlord to evict tenant for illegal use under the lease.
Brief Case Synopsis: Trial court granted summary judgement for the landlord when landlord sought to evict the tenant from the premises for "illegal use" under the lease. The Court ruled the addendum was an illegal contract and was void and unenforceable. The landlord's consent to the use could not be an affirmative defense to the eviction action.
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Author:Robert Kehiayan, CPM provides Commercial Real Estate Expert Witness and Litigation Consultant Services in South Orange County, CA. Archives
October 2016
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