Landlord/Tenant

Our San Jose, California attorneys represent landlords and tenants in all types of disputes, including: residential and commercial eviction lawsuits, actions for breach of lease, retaliatory eviction, nuisance and other tort claims, actions for lease cancellation, and class action lawsuits. We have handled literally hundreds of landlord-tenant claims, winning very impressive results for our clients.

Based in Silicon Valley, our landlord/tenant practice extends throughout California and to other jurisdictions in select matters.

Representative Cases

Represented a class of more than 1,000 tenants in a large privately-held apartment complex for claims of fraud and nuisance based upon the large-scale in-fill construction at the property. Class certification was granted, and after a number of failed writ petitions by the landlord, including in the State Supreme Court, the matter settled, providing an average award of $2,500 per apartment unit.

Represented one of the landlords in a multi-acre 98-year ground lease entered into in the 1960’s in an action to cancel the ground lease. After a complex trial, the ground lease was ordered canceled.

Represented many residential tenants in eviction lawsuits, and on multiple occasions, won jury defense verdicts based upon the defense of retaliatory eviction.

Represented two tenants in a vigorously-contested retaliation lawsuit. After a jury trial, we won for our clients the largest retaliatory eviction verdict in Santa Clara County, totaling nearly a half million dollars after prevailing party attorneys’ fees and costs.

In Swift v. Superior Court (2009) 172 Cal.App.4th 878, we won a published reversal of the trial court’s order striking the tenant plaintiffs’ peremptory disqualification of the judge as untimely. The Court of Appeal held that the tenants’ disqualification of the trial judge was timely, even though that judge had presided over earlier discovery motions, since such motions do not involve the determination of fact issues as to the merits of the case.

Represented a lessee of a very valuable long term ground lease in an eviction case, which was tried before a jury. Before the matter went to verdict, we obtained a result in favor of our client based upon renewed motions for judgment.

In Prometheus Real Estate Group, Inc. et al. v. Superior Court (Upadhyay) (2012, Sixth District Court of Appeal, Case No. H037888), we successfully fought back a challenge to the trial court’s order granting certification in a class action lawsuit against a large privately-held landlord, who was sued for fraud and other claims arising out of a massive in-fill construction project in an existing and fully-occupied apartment complex.

See below for more information about our landlord/tenant practice. Contact GED to discuss how we may be of service in your landlord/tenant matter.

Commercial: Lease Negotiation & Litigation

Commercial leases are extremely complex instruments which, unfortunately, are routinely entered into by unwitting tenants without the benefit of legal representation or advice. The language used in commercial leases can be confusing just to read. Wit… Read More

Residential: Lease Negotiation & Litigation

Many large, sophisticated landlords employ lengthy and adhesive (one-sided, take-it-or-leave-it) leases in renting their apartments. It would surprise most people that many of these leases contain not just one, but multiple provisions which are void… Read More

For More Information

  • This field is for validation purposes and should be left unchanged.