News & Analysis as of

Unlawful Detainer

Best Best & Krieger LLP

AB 3088: California Eviction Protections

The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 - To address what is expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated...more

Hanson Bridgett LLP

New California and Federal Moratoria on Evictions Based on Non-payment

Hanson Bridgett LLP on

Key Points: New California law prohibits residential evictions based on the non-payment of rent and other fees due between Mar. 1, 2020, and Jan. 31, 2021, if failure to pay is due to COVID-19 related distress....more

Lewitt Hackman

Effective Immediately: Residential Tenants Receive Further COVID-19 Protections in California

Lewitt Hackman on

On August 31, 2020, California Governor Gavin Newsom signed an eviction protection law that significantly amends the long-standing procedures for initiating and prosecuting residential unlawful detainer actions based on...more

Snell & Wilmer

California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

Snell & Wilmer on

The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more

Farella Braun + Martel LLP

Judicial Council Ends Statewide Eviction and Foreclosure Moratorium; Local Orders Remain in Effect

On August 13, 2020, the Judicial Council of California (a body representing the California State Courts) voted to allow two previously enacted emergency rules, one halting evictions and the other halting foreclosures, to...more

Hanson Bridgett LLP

Judicial Council of California Votes to End Statewide Judicial Restrictions on Evictions

Hanson Bridgett LLP on

Key Points - The Judicial Council of California has voted to end its statewide restriction on evictions by ending Emergency Rule 1....more

Pillsbury Winthrop Shaw Pittman LLP

California Commercial Tenant Security Deposits in a COVID-19 World

In the wake of government-ordered moratoriums on commercial tenant evictions, how does a California commercial tenant’s security deposit come into play as an available landlord remedy for a lease default? Commercial lease...more

Greenberg Glusker LLP

What Commercial Landlords and Tenants Should Know About Tenant Bankruptcies Amid Restricted Evictions

Greenberg Glusker LLP on

Recent COVID-19-related orders from state and local authorities which restrict evictions raise important questions for commercial landlords and tenants. The relationship of these orders to a subsequent tenant bankruptcy is...more

Allen Matkins

California Judicial Council Adopts Emergency Rules Affecting Unlawful Detainer Actions and More

Allen Matkins on

The Judicial Council of California adopted 11 temporary emergency rules in response to the COVID-19 pandemic affecting eviction proceedings, judicial foreclosures, and statutes of limitations for civil causes of actions,...more

Best Best & Krieger LLP

New Court Rules During the COVID-19 Pandemic

Bail, Evictions, Remote Hearings and Depositions and Statutes of Limitation Rule Changes - The California Judicial Council, the rule-making arm of the California court system, adopted several important statewide rules at...more

Lewitt Hackman

New Rules: California Unlawful Detainers

Lewitt Hackman on

The California Judicial Council met April 6, 2020 to vote on certain emergency measures regarding unlawful detainer actions. ...more

Williams Mullen

Unlawful Detainer in Federal Court? It’s Not as Far Fetched as You Think

Williams Mullen on

In the wake of the Supreme Court of Virginia’s decision in Parrish v. Fed. Nat’l Mortg. Ass’n, 292 Va. 44, 787 S.E.2d 116 (2016), foreclosure purchasers have faced increasing difficulty evicting borrowers who remain in the...more

Weintraub Tobin

Time to Get Down to Business: Change in Eviction Notice Requirements Now in Effect

Weintraub Tobin on

As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a...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?

Miller Starr Regalia on

[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

Thompson Coburn LLP

Walk, don’t run: After foreclosing, lenders should pause before evicting tenants in California

Thompson Coburn LLP on

The California Supreme Court has held that a new owner of property obtained through non-judicial foreclosure must perfect title before serving a written notice to quit on the current tenants. In Dr. Leevil, LLC v....more

Allen Matkins

Changes to California's Unlawful Detainer Action Response Times

Allen Matkins on

California Governor Jerry Brown recently signed into law Assembly Bill 2343, amending Sections 1161 and 1167 of the California Code of Civil Procedure to give tenants more time to respond to notices and summons in connection...more

Patton Sullivan Brodehl LLP

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

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

Sands Anderson PC

2018 Legislative Update: New Laws Impacting Commercial Real Estate Clients

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Below is our annual update on legislative changes impacting the real estate industry. All common interest communities are based on a foundation of real estate law, and thus changes to these laws can often impact common...more

Lewitt Hackman

What Are The Rights Of A Non-Paying Month-To-Month Tenant?

Lewitt Hackman on

When a month-to-month tenant stops paying rent and a landlord initiates an unlawful detainer lawsuit, does the tenant maintain tenancy rights in the premises pending the resolution of the lawsuit? ...more

Robins Kaplan LLP

New York’s Highest Court Avoids Deciding Whether Chimps Can Seek Habeas Corpus Relief

Robins Kaplan LLP on

In quite an unusual case, the New York Court of Appeals recently avoided deciding whether chimpanzees can be protected by a writ of habeas corpus, denying a motion for leave to appeal a decision affirming two judgments of a...more

Lewitt Hackman

Court Confirms Landlord’s Right To Seek Damages In Unlawful Detainer Action And Separate Civil Action

Lewitt Hackman on

The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even after obtaining a judgment for unlawful detainer against the tenant, so...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

Holland & Knight LLP

Illinois Sanctuary Jurisdiction Law: What It Means for Local Governments

Holland & Knight LLP on

• The new Illinois TRUST Act limits state and local government officials from 1) complying with immigration detainer requests, or 2) stopping, arresting, searching or detaining an individual solely based on immigration...more

Wendel Rosen LLP

Eviction Immediately After Foreclosure?

Wendel Rosen LLP on

Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but who would rather not vacate the property....more

Lewitt Hackman

Initiating Unlawful Detainer Actions: Perfection Not Required

Lewitt Hackman on

In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more

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