M.K. Hagemann, P.C., A Professional Law Corporation
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Real Estate Law
Real Estate Law

Our real estate practice consists primarily of landlord-tenant issues in both the residential and commercial contexts, construction law, and title-related issues including easements.

Many leases used by landlords contain provisions that are unenforceable or unnecessary. We can help make sure your standard lease will accomplish your goals so there are no surprises in the event that you need to enforce your lease. We can also help commercial tenants negotiate their leases to minimize financial exposure.

In most cities with residential rent control ordinances, even if the tenant fails to pay their rent, a landlord's failure to comply with the rent control rules may render it impossible to evict that tenant. You may even be subject to punitive damages. In this regard, California law can also be a minefield. We can help you comply with state law and rent control ordinances.

When tenants stop paying rent or breach other provisions of their lease, we help landlords get tenants out quickly and efficiently.  We are adept at responding to the delay tactics used by tenants, such as filing bankruptcy to stall the eviction process. We anticipate the common pitfalls and defenses advanced by tenants to ensure that there are no surprises. After the tenant is out, we work hard to collect the money to which you are entitled.

Construction Law
While most of construction law is a subset of the law of contracts, construction law is still unique from other types of contract law. Most notably, contractors are generally prohibited from receiving a meaningful down payment, but have the protection of a mechanic's lien. The effect of these counter-balancing laws is that property owners may find themselves paying twice if a contractor fails to pay a subcontractor, and contractors may be unable to receive payment if there is no equity in the property. The mechanic's lien sword can be very powerful, but requires strict adherence to rules and deadlines. We can help developers and contractors navigate the construction law minefield to ensure they receive what they were promised and rightfully owed.

We also understand that business judgment requires delicate handling of cases when our client wishes to do business with the opposing party in the future. However, when a client decides to exercise all available legal options, we are aggressive and creative.

Easements and Other Title-Related Issues
The value of your property can be substantially harmed if easements or boundaries are disputed. Easements can be formed in multiple ways, terminated in multiple ways, and there may be a dispute about how the easement can be used. Likewise, boundary disputes, especially after a structure is built, can have very high stakes.

Further, property can be lost outright due to a defect in title. When title insurance doesn't help or wasn't purchased, we can help ensure you maintain your property's boundaries, easements, and clean title.