Allen Matkins represents landlords and tenants in all types of lease disputes, which frequently turn on valuation issues.
We advise and represent clients in matters including:
- Purchase and sale
- Rent adjustment disputes
- Fair market rent
- Costs of failed landlord-tenant relationships
- Common area maintenance charges
EXPERIENCE
Makar Properties v. City of Huntington Beach (Arbitration). Represented developer Makar Properties against the City of Huntington Beach in connection with a dispute regarding the value of Makar's Huntington Beach property. The valuation impacted the eventual park-in-lieu fee Makar would be required to pay. The parties were nearly $50 million apart in their valuation figures. After an arbitration, the three judge panel awarded a value exactly at Makar’s appraisal testimony. This equates to a $20 million savings in park fees for Makar.
Landlord (Orange County, California). Represented an Orange County landowner which leases the land to a business under a long-term lease. Under the lease, our client is entitled to a fair market value rent increase in 2010, the amount of which the parties disputed. The tenant argued a very low value due to the recession, resulting in a small increase. We obtained a high value appraisal and pursued the claim in arbitration. We achieved settlement under which the client receives a 300% rent increase, raising rents to $900,000 per year. In addition, while the lease called for the rent from the 2010 adjustment to be fixed for 10 years, under the settlement the rent will increase 4% each year, compounded annually.
Property Owner. Represented property owner in negotiations/possible inverse condemnation action involving damage caused by stormwater drainage onto client's property from public drains.
-
Related Services