Practices

An investment in rental property is a multimillion-dollar proposition that must be protected by professionals that know the law and local real estate market. Institutional landlords, multi-unit managers, real estate brokers, and sophisticated buyers and sellers understand that tenants, government regulations, adjoining property owners, partners and a host of other obstacles can bring legal challenges that are a barrier to achieving a property owner's desired use of the property. The attorneys in Sedgwick's Complex Rental Property Group shepherd clients through this complicated environment.

An investment in rental property is a multimillion-dollar proposition that must be protected by professionals that know the law and local real estate market. Institutional landlords, multi-unit managers, real estate brokers, and sophisticated buyers and sellers understand that tenants, government regulations, adjoining property owners, partners and a host of other obstacles can bring legal challenges that are a barrier to achieving a property owner's desired use of the property. The attorneys in Sedgwick's Complex Rental Property Group shepherd clients through this complicated environment.

Part of Sedgwick's Real Estate Litigation Practice, this group represents clients in a variety of disputes specific to rental property, and the attorneys in the group are recognized for their expertise in complex landlord-tenant issues in districts with eviction control ordinances. Members of the group also represent property owners in litigation with co-owners or owners of adjoining properties; buyers, sellers and brokers in post transaction disputes; and homeowners associations or home owners in disagreements with one another.

Our attorneys have extensive experience with state property laws, such as California's Ellis Act, and local rent and eviction control ordinances. While respected for our abilities inside the courtroom, Sedgwick knows that in many instances our real estate clients' interests are best served through negotiation or alternative dispute resolution processes. Our attorneys are highly experienced in all aspects of litigation and work efficiently to resolve difficult disputes as quickly as possible.

Rent & Eviction Control

With more jurisdictions enacting stringent eviction control laws, the relationship between residential property owner and tenant is becoming increasingly more complex.  The sale of multi-unit buildings is no longer a simple matter of lease termination and marketing.  Sophisticated buyers and sellers are increasingly evaluating whether properties have the potential to be used as tenancies-in-common units and whether properties have retained their condominium conversion rights. These are high-stake matters that if handled correctly can result in a significant increase in the value of the property.

Sedgwick attorneys have extensive experience assisting buyers and sellers prepare buildings for conversion into tenancies-in-common through negotiation or litigation with tenants. Our attorneys are skilled in negotiating buyouts with current tenants and, when necessary, utilizing state laws, such as Ellis Act rules, to empty a building in anticipation of transfer. We also defend property owners against wrongful eviction, uninhabitable condition and discrimination claims, as well as nonpayment of rent, unlawful detainer and rent board actions.

Actions Between Property Owners

Our attorneys are skilled in the representation of property owners in disputes with co-owners. We negotiate and prepare partition agreements and related conveyancing documents, and represent clients in accounting disputes, or allegations of fraud or breach of contract. Sedgwick also represents clients in disagreements with adjoining property owners. Our attorneys handle matters involving easements, prescriptive easements, adverse possession, trespass and encroachment, subjacent soil support, premises liability, and nuisance issues.

Buyer/Seller Disputes

Sedgwick attorneys represent clients in a range of disputes that can sometimes follow the transfer of residential property. These matters can include breach of contract, specific performance, nondisclosure and rescission issues. We also work with buyers to ensure that title to property is clear of any pending entanglements that could lower the value of the property or impede its transfer.

Brokerage Representation

Several of our attorneys are licensed real estate brokers, which provides us with special insight into the business and legal challenges real estate professionals must confront. This enables us to be more effective advocates when defending brokers against claims of professional negligence, breach of fiduciary duty and failure to disclose. The attorneys in the group also counsel brokers and agents in litigation avoidance techniques and, when disputes arise, work with them to investigate and respond to allegations of misconduct. 

Condominium/Homeowner Association Issues

We assist and counsel clients in matters concerning condominium and homeowner associations.  We serve as general counsel to associations and also represent associations or property owners in disputes concerning breach of covenant, conditions and restrictions agreements.

An investment in rental property is a multimillion-dollar proposition that must be protected by professionals that know the law and local real estate market. Institutional landlords, multi-unit managers, real estate brokers, and sophisticated buyers and sellers understand that tenants, government regulations, adjoining property owners, partners and a host of other obstacles can bring legal challenges that are a barrier to achieving a property owner's desired use of the property. The attorneys in Sedgwick's Complex Rental Property Group shepherd clients through this complicated environment.

Part of Sedgwick's Real Estate Litigation Practice, this group represents clients in a variety of disputes specific to rental property, and the attorneys in the group are recognized for their expertise in complex landlord-tenant issues in districts with eviction control ordinances. Members of the group also represent property owners in litigation with co-owners or owners of adjoining properties; buyers, sellers and brokers in post transaction disputes; and homeowners associations or home owners in disagreements with one another.

Our attorneys have extensive experience with state property laws, such as California's Ellis Act, and local rent and eviction control ordinances. While respected for our abilities inside the courtroom, Sedgwick knows that in many instances our real estate clients' interests are best served through negotiation or alternative dispute resolution processes. Our attorneys are highly experienced in all aspects of litigation and work efficiently to resolve difficult disputes as quickly as possible.

Rent & Eviction Control

With more jurisdictions enacting stringent eviction control laws, the relationship between residential property owner and tenant is becoming increasingly more complex.  The sale of multi-unit buildings is no longer a simple matter of lease termination and marketing.  Sophisticated buyers and sellers are increasingly evaluating whether properties have the potential to be used as tenancies-in-common units and whether properties have retained their condominium conversion rights. These are high-stake matters that if handled correctly can result in a significant increase in the value of the property.

Sedgwick attorneys have extensive experience assisting buyers and sellers prepare buildings for conversion into tenancies-in-common through negotiation or litigation with tenants. Our attorneys are skilled in negotiating buyouts with current tenants and, when necessary, utilizing state laws, such as Ellis Act rules, to empty a building in anticipation of transfer. We also defend property owners against wrongful eviction, uninhabitable condition and discrimination claims, as well as nonpayment of rent, unlawful detainer and rent board actions.

Actions Between Property Owners

Our attorneys are skilled in the representation of property owners in disputes with co-owners. We negotiate and prepare partition agreements and related conveyancing documents, and represent clients in accounting disputes, or allegations of fraud or breach of contract. Sedgwick also represents clients in disagreements with adjoining property owners. Our attorneys handle matters involving easements, prescriptive easements, adverse possession, trespass and encroachment, subjacent soil support, premises liability, and nuisance issues.

Buyer/Seller Disputes

Sedgwick attorneys represent clients in a range of disputes that can sometimes follow the transfer of residential property. These matters can include breach of contract, specific performance, nondisclosure and rescission issues. We also work with buyers to ensure that title to property is clear of any pending entanglements that could lower the value of the property or impede its transfer.

Brokerage Representation

Several of our attorneys are licensed real estate brokers, which provides us with special insight into the business and legal challenges real estate professionals must confront. This enables us to be more effective advocates when defending brokers against claims of professional negligence, breach of fiduciary duty and failure to disclose. The attorneys in the group also counsel brokers and agents in litigation avoidance techniques and, when disputes arise, work with them to investigate and respond to allegations of misconduct. 

Condominium/Homeowner Association Issues

We assist and counsel clients in matters concerning condominium and homeowner associations.  We serve as general counsel to associations and also represent associations or property owners in disputes concerning breach of covenant, conditions and restrictions agreements.