Posted on 08/21/2020 12:57:08 PM PDT by rxsid
California Court System Lifts Eviction Moratorium After Lawsuit
Under legal pressure, the rule-making arm of California’s court system, the largest in the United States, has rescinded its pandemic-related emergency order that blocked the state’s courts from hearing eviction proceedings.
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The Judicial Council of California voted 19–1 to scuttle emergency rules governing evictions and judicial foreclosures imposed by the body on April 6.
California Chief Justice Tani G. Cantil-Sakauye, who was appointed to her post in 2010 by then-Gov. Arnold Schwarzenegger, a Republican, acknowledged in a statement that the council had overreached.
“The judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic,” she said. “The duty of the judicial branch is to resolve disputes under the law and not to legislate. I urge our sister branches to act expeditiously to resolve this looming crisis.”
The Judicial Council of California acted after it was sued June 15 by two small landlords in the Kern County branch of the Superior Court of California.
The landlords argued that by initiating a ban on evictions, the Judicial Council undermined the state’s separation of powers and seized policymaking power from the legislature and governor to block landlords’ access to courts.
“Constitutional limitations on government are never more important than during an emergency,” said landlord lawyer Damien M. Schiff, a senior attorney at Pacific Legal Foundation, a public interest law firm headquartered in Sacramento, California.
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The legal complaint stated that the rule “violates the fundamental rights of property owners by indefinitely suspending their right to initiate unlawful detainer actions [i.e., evictions] … [and] creates the perverse incentive for all tenants, whether they face financial hardship or not, to refuse to pay their rent during the crisis. And it immunizes from eviction even tenants who create nuisances, damage property, conduct illegal activity, or violate lease terms.”
If their renters don't/cant pay rent, the landlord/owner often times can't pay their mortgage on the property.
People need to remember to take their current financial frustrations out on the various govt's that are mandating the lockdowns/closures.
Isn’t this a Trump victory?
Amen! Based on this judge’s ruling, ANY and ALL face-make mandates are illegal.
If you can’t evict them the only other alternative is to shoot ‘em for burglary I suppose.
Thank You Pacific Legal...if this protection for Landlords survived in CA I know it will survive in TX. After getting stuck with a bad tenant on our remodel home in Tyler (& finally getting him out by threatening to MOVE IN according to our access clause in the contract) it left us feeling hesitant to even bother leasing after the pandemic hysteria & remodel is completed.
Did anyone realize that if your mortgage loan is backed by FREDDIE MAC (FED) you could get sucked in to the free rent/no eviction policies used during the pandemic? Mortgage holders do not get to pick their bank. We did a refi and loan is going to FREDDIE MAC.If we chose to have a tenant in that house it could mean that you could not evict under todays circumstances.
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