News & Analysis as of

How to Evict a Tenant

The ideal situation in a landlord-tenant relationship is the timely adherence to the provisions of the lease, producing mutual benefit for both parties to the contract. Unfortunately, sometimes this relationship deteriorates...more

6 Things to Know When a Tenant Defaults Under a Lease

Tenant problems and defaults are inevitable challenges for successful commercial and industrial landlords and property managers. A bad tenant situation can be a potentially expensive problem and the ultimate outcome ?...more

My Tenants are in Default, and I Want Them Out! Now What? A Brief Overview of the Eviction Process

There almost always comes a time when a landlord has had all it can take from a problem tenant and decides it’s time to pull the trigger to start the eviction process. Most often, the tenant has built up a hefty balance in...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 10, 17 & 24, 2015

REAL PROPERTY UPDATE - Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more

No Cause of Action for Wrongful Death by Suicide, Illinois Supreme Court Holds

In the closing days of the May term, the Illinois Supreme Court unanimously declined an invitation to create a tort cause of action for wrongful death in cases where the decedent committed suicide. ...more

Eviction by Email?

The Michigan House of Representatives recently passed a bill that would allow landlords to start the eviction process by serving a seven-day demand for possession by email. Currently, a demand for possession must be sent by...more

Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act

For the past five years, foreclosing lenders have been bound by a federal law that made it much more difficult to evict non-borrower tenants and occupants of the subject property following a foreclosure sale where the lender...more

Nevada Supreme Court adds New Elements to Constructive Eviction Claims

Nevada, like many jurisdictions, has recognized the ability of a tenant to vacate property if it becomes unfit for occupancy for the purpose for which it was leased. This is commonly known as a “constructive eviction.” ...more

Federal District Court Looks to State Statute of Limitations for SCRA Action

On November 25, 2014, the U.S. District Court for the Eastern District of Michigan applied the state’s three-year statute of limitations for conversion in granting a motion to dismiss a servicemember’s claims of wrongful...more

Real Property, Financial Services & Title Insurance Update: September 2014 #3 & October 2014 #1

REAL PROPERTY UPDATE - - Condominium Association/Injunction: tenants’ act of moving out of condominium unit after condominium association filed action against them for injunctive relief, eviction, and ejectment did...more

Lease Termination: Do You Really Mean It?

A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it had a right to assume the lease. The case turned...more

Sixth Circuit Rules that PTFA Preempts Less Protective State Laws

The United States Court of Appeals for the Sixth Circuit reversed in part a district court’s order granting a motion to dismiss a complaint that included claims for wrongful eviction, denial of due process and outrageous...more

Bona Fide Tenancies for a Term Remain Protected

A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act (“PTFA”) impliedly overrides state laws that provide less protection to tenants, but expressly allows states...more

California Appeals Court Revives Tenants’ Claims Against Foreclosing Bank

On January 23, the California Court of Appeal, Sixth District, held that under the federal Protecting Tenants Against Foreclosure Act (PTFA) a lease survives foreclosure through the end of the lease term, except under limited...more

Dealing with Abandoned Mobile Homes Without Utilizing the Courts: The 60-Day Election by a Landlord

Many times, landlords of manufactured housing communities utilize the courts when dealing with tenants they want to evict and abandoned mobile homes. However, there is an alternative method to deal with abandoned mobile homes...more

Arizona Decision May Complicate Foreclosure and Eviction Process for Lenders

A recent Arizona Court of Appeals decision could create new complexities for lenders exercising their power of sale under a deed of trust. In Grady v. Superior Court of Maricopa County, the Court of Appeals sided with the...more

Summary Ejectment in North Carolina Becomes More Streamlined

Many commentators have opined over the years that North Carolina’s summary ejectment statutes and procedural rules and regulations, which are the legal vehicle used by landlords to evict defaulting tenants in North Carolina,...more

Weeks Ending July 5 & 12, 2013

I. FLORIDA STATE CASES - JOURDAN HAYNES - Insurance/Ambiguity: insurance policy ambiguity must be construed against insurer and in favor of coverage without resort to consideration of extrinsic evidence – Washington...more

City of Los Angeles v Deutsche Bank National Trust Company

City of Los Angeles v Deutsche Bank National Trust Company re: Complaint to Abate Public Nuisance

http://www.scribd.com/doc/137914455/City-of-Los-Angeles-v-Deutsche-Bank-National-Trust-Company (Link to Complaint) Apr 23, 2013 A judge has denied Deutsche Bank AG's bid to dismiss a lawsuit by the city of Los...more

Dodd-Frank Wall Street Reform and Consumer Protection Act

Dodd-Frank Wall Street Reform and Consumer Protection Act Makes Changes to the Federal Protecting Tenants at Foreclosure Act of 2009 On July 21, 2010, the President signed the federal Wall Street Reform and Consumer...more

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