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Preemption Eviction

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - November 2022, Volume I, Issue XV

Goulston & Storrs PC on

CASES OF NOTE - LANDLORD UNABLE TO EVICT DESPITE TENANT DEFAULTS - Varano v. PDJM Land Trust LLC, et al. No. 1884CV02662, (Mass. Super. Ct. June 16, 2022) The Massachusetts Superior Court held that a commercial landlord...more

Troutman Pepper

National Apartment Association Claims Nationwide Foreclosure Freeze Is Unconstitutional

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A recently filed lawsuit places renewed scrutiny on the constitutionality of the nationwide residential eviction freeze put in place by the Centers for Disease Control and Prevention (“CDC”) in response to the ongoing...more

Cozen O'Connor

Landlords in California Must Prepare to Address COVID-19 Based Rent and Eviction Moratoria

Cozen O'Connor on

As landlords in California experience yet another month of rent deferrals allowed under COVID-19 based rent and eviction moratoria, landlords must ensure they are familiar with the varying requirements of applicable moratoria...more

Akerman LLP

The Impact of COVID-19 on Commercial Real Estate Foreclosures in California

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As many people are aware, on March 16, 2020, Governor Newsom of California issued an executive order requesting that lenders forbear on both commercial and residential foreclosures and evictions as a result of COVID-19....more

Perkins Coie

Another San Francisco Ordinance Falls To The Ellis Act

Perkins Coie on

Once again, the City and County of San Francisco has been found to have exceeded the limits of its authority under the Ellis Act in its efforts to deter conversion of residential rental units. Small Property Owners of San...more

Goodwin

Sixth Circuit Rules that PTFA Preempts Less Protective State Laws

Goodwin on

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

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