News & Analysis as of

Unlawful Detainer Appeals

Offit Kurman

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

Offit Kurman on

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

Carlton Fields

Florida Appeals Court Decisions: Week of November 18-22, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Grayson v. Ala DOC - capital case, postconviction relief...more

Holland & Knight LLP

Los Angeles Eviction Moratorium Upheld by Ninth Circuit; Uncertainty Continues

Holland & Knight LLP on

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 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

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

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

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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