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
- Fee disputes (particularly for large-scale development)
- Damage claims
- Breach of contract actions
- Unlawful detainers
Working with appraisers we specially choose for their expertise, we are able to establish valuations for a wide variety of properties, including:
- Retail properties
- Office properties
- Medical-office properties
- Industrial properties
- Residential properties
- Mobile home parks
- Conservation properties
- Vacant land with potential for development of all types, including commercial, industrial, residential and farm land.
These valuations lead to successfully negotiated solutions and, where necessary, successful litigation and arbitration outcomes.
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.
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