Understanding And Protecting Your Rights As A Landlord Or Tenant

Whether arising from a commercial or residential lease, landlord-tenant disputes involve complex state property laws. Because the process is immediate, imposing exacting standards on attorneys and litigants, this practice area requires specialized expertise.

The attorneys at Goode, Hemme & Barger have considerable experience in helping landlords and tenants throughout San Diego and Southern California to resolve their disputes concerning commercial and residential leases. Whether you are a tenant or a landlord, our firm will fully explain your rights and work diligently to resolve your lease disputes and minimize the expenses incurred. We can also review, draft and negotiate leases for commercial and residential properties to make sure you understand your lease requirements.Our firm represents landlords and tenants in legal matters such as:

  • Unlawful Detainer Litigation
  • Landlord Representation
  • Tenant Representation
  • Lease Option Disputes
  • First Right of Refusal
  • Commercial Leases – Drafting, Review and Associated Negotiations
  • Residential Leases – Drafting, Review and Associated Negotiations

Many of your questions can be answered in our Landlord Tenant Frequently Asked Questions section. Learn about the eviction process, security deposits, reviewing leases, and 3 day notices to pay rent or quit.


We have extensive experience representing owners/landlords and tenants in leasing transactions involving space leases (retail, office, and other commercial space), ground leases, net leases, sale/leasebacks, master leases, build-to-suit leases, lease amendments, subleases, lease takeovers, lease surrenders, occupancy agreements, subordination and non-disturbance agreements, and lease reviews for acquisition and financing transactions. Our real estate litigation experience allows us to draft and negotiate clauses for both landlords and tenants with a focus on how they may be interpreted in a legal dispute.

Unlawful Detainer

Unlawful Detainer is the legal process by which a landlord evicts a tenant from his or her property because the tenant has breached the lease, or will not leave the property voluntarily. If the tenant will not leave the property, then the landlord must use the courts to evict the tenant. Attempting to remove the tenant with force, or any other unlawful means, will only expose the landlord to claims by the tenant for unlawful eviction—even if the tenant has breached the lease! The summary Unlawful Detainer process is highly procedural and there are many traps for the unwary and the uninformed which if not avoided, only causes delay and additional expense. Our landlord/tenant attorneys at Goode, Hemme & Barger have extensive experience in this area and the skills to successfully prosecute the eviction of a tenant, or defend the rights of a tenant who has been damaged by an overzealous landlord.

If you are a landlord or tenant and have questions about your legal options or need representation, contact one of our San Diego lease dispute attorneys at (858) 587-3555.