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Appeals Eviction Tenants

Patton Sullivan Brodehl LLP

Eviction After Foreclosure: Further Developments from the Courts

A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent years.  Here is a summary, capped by an update on a recently filed opinion: ...more

Shutts & Bowen LLP

In eviction case, trial court wrongly made landlord produce leases with other tenants

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In a recent decision, the Second District Court of Appeal indirectly addressed an issue that comes up from time to time in landlord-tenant litigation: whether the landlord must produce in discovery documents relating to other...more

Snell & Wilmer

The Ninth Circuit Court of Appeals Affirms the Constitutionality of Local Ordinance Requiring Landlords to Pay a Tenant Relocation...

Snell & Wilmer on

On February 1, 2022, the Ninth Circuit released its opinion in Ballinger v. City of Oakland 1 affirming the district court’s dismissal of a lawsuit in which the plaintiffs claimed that the City of Oakland’s Uniform...more

Miller Canfield

CDC Eviction Moratorium Not Quite Over: Where Do We Go From Here?

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Last September, the Centers for Disease Control and Prevention (CDC) ordered a nationwide eviction moratorium on residential properties. 85 Fed. Reg. 55,292 (Sept. 4, 2020). On May 5, 2021, the United States District Court...more

Downey Brand LLP

California Trusts Cannot Hold Title to Real Estate

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A common misperception of trusts is that they are legal entities that, like corporations, can hold title to real estate and other property. A new California appellate decision, Boshernitsan v. Bach (2021) ___ Cal.App.5th ___,...more

Dentons

Department of Justice Appeals Texas Decision Striking Down CDC Eviction Order and Issues Statement

Dentons on

As discussed in a prior blog post, U.S. District Judge John Barker issued a February 25 decision, ruling that the CDC's Order temporarily halting certain evictions was unconstitutional, as it exceeded the federal government's...more

ArentFox Schiff

SJC Authorizes Mass. Housing and District Court Judges to Issue Rent Escrow Orders in Pending Eviction Cases

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If a landlord delivers a notice to vacate to a tenant due to lease violations or the expiration of the term, the tenant is legally required to vacate the premises. However, this does not always happen....more

Patton Sullivan Brodehl LLP

Eviction After Foreclosure: California Supreme Court Weighs In

This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center.  The case reviewed the decision of the California Court of Appeal from March 2017...more

Farella Braun + Martel LLP

Evicting Tenants Over “Illegal” Cannabis Operation Comes Back to Bite Landlords in Coverage Dispute

A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield...more

Snell & Wilmer

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

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Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more

Snell & Wilmer

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

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If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

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