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Offit Kurman

Virginia Court of Appeals Clarifies Impact of the CARES Act on Eviction Actions

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In a recent decision, the Virginia Court of Appeals clarified the impact of the CARES Act on Virginia eviction proceedings. The ruling is significant for Virginia landlords, property managers, and tenants, particularly those...more

Jenner & Block

Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

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In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...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...

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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

Holland & Knight LLP

Los Angeles Eviction Moratorium Upheld by Ninth Circuit; Uncertainty Continues

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A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit on Aug. 25, 2021, upheld the City of Los Angeles' current residential eviction moratorium – first enacted by the City Council in 2020 as an emergency...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

Herbert Smith Freehills Kramer

Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction

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For more than 50 years, a commercial tenant threatened with eviction could count on obtaining a Yellowstone injunction tolling the tenant’s time to cure alleged lease defaults while challenging the legitimacy of those...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

Miller Starr Regalia

“If A Tree Falls In The Forest . . .”: If A Tenant Has Yet To Be Evicted, Do They Still Possess The Premises?

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[author: Jana Contreras] “If a tree falls in the forest with no ears to hear does it make a sound?” While the answer to that riddle still remains elusive to many, a recent California court of appeal decision did succeed in...more

Farella Braun + Martel LLP

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

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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

Patton Sullivan Brodehl LLP

Commercial Landlord Not Liable to Holdover Tenant for Damages on the Leased Premises

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When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the premises and contaminates the tenant’s business equipment, it is not shocking for the...more

Shutts & Bowen LLP

Could an eviction lawsuit result in a tenant paying less rent?

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Typically, once a landlord files a lawsuit for eviction, the tenant is required to pay rent into the court’s registry if it seeks to remain in possession of the property during the lawsuit. However, if the tenant disputes...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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