8 results for 'cat:"Landlord Tenant" AND cat:"Covid-19"'.
J. May finds the trial court improperly granted the apartment owner possession of the rent-subsidized tenant's apartment. The owner sought to take possession of the apartment when the tenant's lease ended, citing his nonpayment of rent and behavior. The owner violated federal law by failing to give the tenant a 30-day notice, as required. The notice provision did not expire with the Covid-19 temporary eviction moratorium. Reversed.
Court: Indiana Court Of Appeals, Judge: May , Filed On: March 22, 2024, Case #: 23A-EV-1404, Categories: landlord Tenant, covid-19
J. Ryu dismisses all civil rights claims against Alameda from the owner of a private marina that says the city passed a series of unlawful ordinances related to its business, namely in the form of rent and eviction limitations on houseboats due to Covid-19. The city's move to put limitations on evictions stemming from the pandemic was, as several other courts have found for different cities and states, based on the needs of the community and not an infringement on the marina owner's landlord rights. The owner's claim that the ordinances "economically hobbled" it is unsupported and unconvincing.
Court: USDC Northern District of California, Judge: Ryu, Filed On: November 20, 2023, Case #: 4:22cv6509, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, landlord Tenant, covid-19
J. Richardson finds that a tenant raised sufficient issues of fact that summary judgment in his landlord's favor was error. The trial court must address the tenant's claims that a Covid-19 eviction moratorium applied, that the eviction was in bad faith and whether the landlord was allowed to increase the amount of the security deposit during the tenancy. Reversed.
Court: California Courts Of Appeal, Judge: Richardson, Filed On: November 1, 2023, Case #: BV 033886, Categories: Civil Procedure, landlord Tenant, covid-19
J. Gonzalez finds that the lower courts properly upheld the legality of Washington state's moratorium on evicting people from their homes due to unpaid rent as a result of the Covid-19 pandemic. State law gives the governor enhanced authority during emergencies such as the Covid-19 crisis, and his move to suspend evictions fell well within his "statutory and constitutional authority" that was expanded upon during the pandemic. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez , Filed On: September 28, 2023, Case #: 100992-5 , Categories: Government, landlord Tenant, covid-19
J. Segal finds that the trial court properly held that a gym operator was not excused from paying rent by a force majeure clause in the lease, which the operator argued was triggered by Covid-19 government closure orders. Also, the orders did not prohibit the operator from continuing a facility renovation that was underway when the orders were issued. And neither the doctrines of temporary frustration of purpose or impossibility applied. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: September 26, 2023, Case #: B320562, Categories: landlord Tenant, covid-19
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J. Bybee finds that the district court improperly dismissed a commercial property landlord's complaint alleging that the County of Los Angeles’ 2020 eviction moratorium, enacted for the outbreak of Covid-19, violated his rights under the Contracts Clause of the United States Constitution. The moratorium provided tenants with an affirmative defense against eviction if they gave monthly notice to the landlord that they were unable to pay rent. Those allegations were sufficient to plead an injury in fact. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 30, 2023, Case #: 22-55480, Categories: landlord Tenant, covid-19, Contract
J. Horton finds the county court properly found in favor of the purchaser-at-auction of a foreclosed-upon property seeking to evict the original purchaser who had defaulted on their loan. The evictee, who filed a CDC form addressing the temporary halting of residential evictions to prevent the spread of Covid-19, didn’t challenge the court’s conclusion that the eviction was not based on her failure to pay rent, and the argument is not preserved for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: June 1, 2023, Case #: 09-21-00105-CV, Categories: landlord Tenant, Banking / Lending, covid-19