Sheppard, Uziel & Hendrickson Law FirmSan Francisco Real Estate Law | Real Estate and Landlord – Tenant Lawyer2026-09-22T19:37:57Zhttps://www.sheppardlaw.com/feed/atom/WordPressOn Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[Legal requirements for building an ADU in California]]>https://www.sheppardlaw.com/?p=488502026-09-22T19:37:57Z2026-09-22T19:37:57ZHow state law and local agencies shape ADU approval
The first step is understanding which rules govern your Accessory Dwelling Unit (ADU) approval process – state law, local zoning or both. State law sets minimum standards while local agencies review plans for compliance with local rules. The California Department of Housing and Community Development (HCD) publishes state guidance to help identify common compliance questions.
A qualifying ADU application generally moves through a ministerial approval process where the local agency reviews for code compliance. State law requires the agency to act on complete applications within 60 days of the submission date. State law also preempts local ordinances that conflict with statewide ADU standards.
What California reviewers check before approving an ADU
Early review matters when your design approaches the legal limits for unit size or placement. California law sets a maximum of 1,200 square feet for detached ADUs in most areas. State standards also require 4-foot side and rear setbacks for most detached units.
Lot and zoning limits affecting unit placement
Building code compliance for fire, egress and safety
Utility connections for water, power and sewer
Access needs such as paths, stairs and address assignment
Utility access and zoning compliance often affect total costs more than the primary floor plan. You can avoid expensive revisions by keeping the architect, contractor and permit drawings aligned.
Tenant considerations when building on an occupied property
Building an ADU where tenants already live raises questions about construction access and your habitability obligations under California law. California law generally requires you to give tenants at least 24-hour written notice before entering. A written agreement about noise and work hours can help reduce potential complaints.
Before you start: Key legal details to confirm
Confirm the permit record and certificate of occupancy terms before you market the unit to tenants. California law treats a junior ADU (JADU) differently by limiting the size to 500 square feet. A real estate attorney can help you clarify legal rights before work begins.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[3 things to consider before buying a beach home in California]]>https://www.sheppardlaw.com/?p=488472026-09-12T07:42:14Z2026-09-12T07:42:14ZCalifornia Coastal Commission regulations
The California Coastal Commission regulates how you use land near the ocean. If you want to remodel your beach house, add a room or build a tall fence, state law requires you to get a special coastal development permit. Furthermore, your building project should not affect public beach access, marine habitats and ocean views. At the local level, city or county governments also regulate coastal building and land use through certified Local Coastal Programs.
Seawalls and coastal erosion rules
Living on the coast means your property faces natural risks like changing tides and shoreline erosion. Unfortunately, you cannot automatically build a seawall or retaining wall to protect your home. State laws strictly limit new shoreline construction because heavy concrete structures disrupt natural sand movement and damage neighboring public beaches. Officials approve these structures based on the erosion risk and whether an existing building on the property is in danger.
Property tax changes after purchase
Buying a home triggers a major property tax reassessment, prompting the local county assessor to recalculate its value based on the current market price. Because coastal property values increase over time, your new property tax bill will likely cost much more than what the previous owner paid. You should plan your budget for this tax increase before you close your real estate deal.
How a legal guide can help
A real estate attorney helps you review coastal permit applications and complex tax laws before you make an offer. This way, you can understand your rights and avoid unexpected liabilities.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[Can a TIC owner force the sale of a property in California?]]>https://www.sheppardlaw.com/?p=488452026-08-28T14:59:23Z2026-08-28T14:59:23ZWhat is a partition action?
A partition case does not always end with the property being sold. Depending on the circumstances, the court may determine that the owners should receive separate interests in the property or that another resolution is appropriate. California’s Partition of Real Property Act sets out the rules that govern these proceedings.
The type of partition can determine whether the property remains divided among the owners or is sold entirely. The court considers the circumstances when determining the appropriate method of partition.
When might a court order a sale?
Some properties are not suited to being divided between the owners. For example, turning a single-family home into separate parcels may not be feasible or practical. A court will consider whether dividing the property is workable for all parties. When a physical division would create significant problems, selling the property may provide a more practical solution.
When a sale is ordered, the resulting funds are apportioned among the owners based on their respective interests. In some circumstances, a co-owner may also have an opportunity to buy the interests of the owners who requested a sale before the property itself is sold.
What should co-owners consider?
A TIC agreement can affect how a dispute is handled. Co-owners should review any agreement that addresses partition, a sale or a buyout before taking action. The property's value, each owner's share and the available options can also affect the outcome.
If the owners remain unable to agree, either party may ask the court to resolve the ownership dispute through partition. The rules can vary based on the property's ownership structure and the agreements between the co-owners. Knowing those options can help co-owners decide what steps make sense for their situation.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[Can you sue a real estate agent for lying in California?]]>https://www.sheppardlaw.com/?p=488422026-08-11T15:53:18Z2026-08-11T15:53:18ZWhat does California law say?
According to California law, selling a property using deceit or misrepresentation of facts is illegal. Your real estate agent may have violated this law if they:
Claimed something as a fact without proper verification
Intentionally concealed a material fact to mislead you
Made a promise just to close the deal, with no intention of keeping it
Lied to you to trick you into buying
The court may hold your agent liable if they did any of the above.
What may not amount to fraud?
In certain circumstances, the court may not hold the real estate agent liable. Especially if the alleged fraud is:
Expressing a general opinion or sales puffery
Conveying personal opinion about the property
Relaying information that the agent reasonably and honestly believed to be accurate, when the circumstances did not impose a duty to independently verify or disclose contrary information
California courts will check all these things before determining whether an agent’s actions crossed the line into fraud.
Build the paper trail
Holding your real estate agent accountable starts with building a paper trail. For that, you have to document every piece of communication between the two of you – written records, text messages and official property disclosures. This can help you build a strong case against them when you pursue a civil claim with the help of an attorney experienced in real estate law.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[What happens when a neighbor builds over the property line?]]>https://www.sheppardlaw.com/?p=488412026-07-31T09:16:17Z2026-07-31T09:16:17ZWhy encroachment can become a problem
An encroachment happens when part of a structure extends onto another person’s property. Common examples involve fences, garages, retaining walls, paved driveways or storage sheds crossing the boundary line. Even a minor encroachment can create legal problems when an owner wants to sell, refinance or develop the property. It might also affect how both neighbors can use their lands.
Steps that can help resolve the dispute
Property owners can resolve many property disputes without going to court. They often start by establishing the verified boundary before exploring possible solutions, such as:
Reviewing the property’s survey or having a new survey completed if the boundary line is unclear
Talking with the neighbor to determine whether the issue resulted from a mistake or inaccurate information
Considering whether a written boundary agreement or easement can resolve the issue
Keeping records of surveys, photographs and communication if the dispute continues
Taking these steps early on might prevent the dispute from becoming more complicated.
Addressing the issues early can protect property rights
Ignoring an encroachment can make a property line dispute more difficult to resolve over time. Whether the issue involves a fence, driveway or another structure, addressing it early can help protect property rights and reduce the risk of future disagreements. It can also help avoid complications if either property owner decides to sell the property later.
If neighbors cannot resolve the issue through discussion, an experienced real estate attorney or mediator may help identify practical solutions and avoid a more costly dispute.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[What to know before buying tenant-occupied commercial property]]>https://www.sheppardlaw.com/?p=488402026-07-16T11:35:39Z2026-07-16T11:35:39ZReview the existing lease carefully
A commercial lease usually remains in effect after a property changes ownership. The new owner must review the existing terms, follow the agreement and make any necessary updates to the lease documents. Before completing the purchase, buyers should look at:
Remaining lease term and renewal options
Rent amount and scheduled increases
Maintenance and repair responsibilities
Security deposits and tenant obligations
Pending disputes, defaults or unresolved lease issues
These details can provide a clearer picture to buyers about what they are getting into and whether it's worth it.
Look beyond the building
Buyers should go beyond the face value and consider other facets of the building as well, like how the property is operating, whether the tenants are paying rent on time or whether service contracts, maintenance agreements or vendor obligations will transfer with the property.
Questions like these can be just as important as the physical condition of the property, as they might affect both day-to-day management and long-term value.
Preparation prevents unpleasant surprises
Every commercial real estate transaction has unique considerations depending on the type of property involved, whether it's an office building, a retail center or a warehouse.
Based on the type of property, they would have different kinds of lease arrangements and business considerations. Before closing the purchase, it is important to understand the terms of the existing leases and the responsibilities that come with them.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[Can a Landlord Charge You to Repaint a Rental?]]>https://www.sheppardlaw.com/?p=488382026-07-03T15:01:25Z2026-07-03T15:01:25ZWhat counts as normal wear and tear?
Normal wear and tear happens naturally over time as people live in a property. California law generally treats ordinary aging and everyday use as the landlord's responsibility rather than the tenant's. Normal wear and tear may include:
Minor marks from furniture
Small nail holes used to hang pictures
Paint that has faded with age
Light signs of everyday use
The bottom line is simple. If the landlord would have needed to repaint the unit anyway because of ordinary use and the age of the paint, they usually cannot charge you for that cost.
When can a landlord charge for repainting?
However, if the walls include large holes, extensive damage or even an unauthorized paint job, you may face a bill.
Why does the age of the paint matter?
Paint has a limited lifespan. Even when damage exists, a landlord may not recover the full cost of repainting if the paint was already old. When reviewing a security deposit deduction, landlords and courts often consider how long the paint lasted before the tenant moved out. Older paint may reduce the amount a landlord can reasonably claim for repainting costs.
What should happen during a move-out inspection?
Move-out inspections give both sides a chance to review the unit's condition before the tenancy ends. Photos, inspection reports and written records can help show whether the walls need routine maintenance or actual repair. California's rules on security deposits also shape how landlords must explain deductions for painting costs.
Do not assume the charge is valid
Some landlords try to treat routine repainting as a tenant expense even when the walls only show ordinary use. If a repainting charge seems inflated or unfair, questions about landlord-tenant law may become important before you give up part of your security deposit.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[Why is escrow important in San Francisco property transactions?]]>https://www.sheppardlaw.com/?p=488372026-06-22T05:10:11Z2026-06-22T05:10:11ZProtection offered by escrow
Escrow provides several critical layers of oversight that build reassurance throughout the closing process, such as:
Secure handling of funds: It holds the buyer's earnest money deposit in a protected trust account and prevents the seller from accessing the funds prematurely.
Condition fulfillment: It holds funds and documents in trust until both parties meet all contractual conditions, guaranteeing a structured and transparent closing process.
Proper title transfer: It oversees the proper signing, recording and delivery of the deed and related documents according to instructions, ensuring an orderly closing.
Escrow provides peace of mind by managing the details and ensuring that all parties honor their commitments.
What is the cost of escrow in California?
The property's sale price generally determines the escrow fee. A common industry standard is to charge a small base fee plus a set amount per thousand dollars of the purchase price. For example, some providers charge $2 for every $1,000 of the transaction amount.
In San Francisco, local custom dictates that the buyer typically pays the full escrow fee, though the parties are legally free to negotiate an alternative split in the purchase agreement. To ensure full transparency, parties can request a detailed estimate from their chosen escrow holder at the start of the transaction.
Why does choosing a legal team matter?
In a market as demanding as San Francisco's, the final stages of a transaction are where deals are either secured or lost. With the right legal advice, it is possible to ensure every agreement, disclosure, and transfer holds up legally. Moreover, it can empower the buyers and sellers to move forward with confidence, knowing every detail has been managed with precision.]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[Common pitfalls in triple net (NNN) leases in California]]>https://www.sheppardlaw.com/?p=488342026-06-03T08:30:23Z2026-06-03T08:30:23ZThe property tax spike
Under California’s Proposition 13, property taxes are often reassessed upon a change of ownership. If the landlord sells the building during your lease term, the property taxes could skyrocket.
When that happens, it can lead to an unexpected and unsustainable increase in your monthly expenses. You can negotiate a Prop 13 protection clause that caps annual tax pass-throughs or limits increases to a fixed percentage, regardless of the building’s sale price.
Ambiguous upkeep clauses
NNN leases often require tenants to handle all repairs, with provisions detailing what kinds of maintenance you have to pay for. Without clear terms, you risk being responsible for capital expenditures like a full roof replacement or HVAC overhaul.
Before signing the lease, you may want to check if the contract specifies if you will only cover routine maintenance or if capital expenditures are also included. That way you can ensure that you only pay for the portion of upkeep that your business will benefit from as well.
Insurance premium increases
In an NNN lease, you reimburse the landlord for their property insurance, on top of your own policies for your business. You may want to keep these payments separate to track them more easily. A lawyer can also help you negotiate an annual cap on insurance cost pass-through increases.
Securing your bottom line
A well-structured NNN lease can work in your favor when you proactively review the rental agreement and clearly define your financial responsibilities. Taking these steps before signing the lease contract helps you transform a potential liability into a manageable business expense.
]]>On Behalf of Sheppard, Uziel & Hendrickson Law Firm<![CDATA[What are valid reasons for no-fault evictions?]]>https://www.sheppardlaw.com/?p=488322026-05-22T10:33:08Z2026-05-22T10:33:08ZLegally recognized scenarios for reclaiming your rental unit
State law generally allows a landlord to end a lease even if the tenant has done nothing wrong. To ensure your termination notice is legally enforceable, your situation must fall squarely into one of these strict categories:
Owner occupancy: The owner or a close relative intends to occupy the unit as their primary residence.
Intent to demolish or remodel: The landlord plans to demolish the building or perform a substantial remodel that requires the unit to be empty.
Withdrawal of the unit from the rental market: The owner decides to withdraw the entire property from the rental market.
Government order or local law compliance: The owner has to comply with a government order or local law that requires the tenant to vacate the premises.
In California, using these reasons as a pretext to clear a unit can be an expensive mistake. A tenant may take you to court for wrongful eviction, where a judge can order severe civil penalties.
Staying compliant with landlord-tenant laws
Keeping yourself educated on the latest state laws and local ordinances is crucial to protect yourself from devastating legal claims. Staying proactive protects your property rights and ensures your transactions remain entirely lawful and defensible in court.]]>