Eviction

News & Analysis as of

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

Mainebiz Real Estate Insider – Tips for Tenant Defaults & Terminations

When a tenant defaults in payment of rent, or other terms of the tenancy, tempers flare. Landlords and tenants may make exaggerated allegations or rashly give notices via cell phone, text or email. As a commercial or...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

My Landlord Wants Me Out, What do I Do? A Tenant’s Guide to the Eviction Process

The eviction process can be a confusing and stressful situation for any tenant. There are many rules and procedures that you have to follow. More importantly, your ability to remain in your home hangs in the balance. This...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

Another Difficult Condominium Resident

In a recent post, we blogged about an owner who had engaged in inappropriate and abusive behaviour. In another recently-reported case, Wentworth Condo Corp. No. 34 v. Brendan Taylor and Samantha Jones, we see another...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

Practical Considerations for Dealing with OREO Properties: Part II - Post-Sale Considerations

In the Summer issue of the West Virginia Banker Magazine, we discussed certain factors that banks should consider before taking ownership of real estate collateral at a foreclosure sale. Once taken into a lender’s inventory,...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

Tenant Evicted Without Proper Notice After Bank Foreclosure Does Not Have a Private Right of Action to Bring a Lawsuit Under the...

In Logan v. U.S. Bank National Association (--- F.3d ----, C.A.9 (Cal.), July 16, 2013), the Ninth Circuit Court of Appeals considered whether a tenant evicted from a foreclosed property could bring a lawsuit against 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

Eviction for Landlord's Own Use/Purchaser's Use

Under sections 48 and 49 of the Residential Tenancies Act, a landlord may terminate a residential tenancy if the landlord, or a purchaser, in good faith requires possession of the rental unit for the purpose of residential...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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