Arche v. Scallon
Facts: A homebuyer purchases an income producing property with the intent to occupy it as their primary residence. A tenant resides at the property under a month-to-month rental agreement. The homebuyer serves the tenant with a no-fault just cause eviction notice permissible under tenant protection statutes during a COVID-19 eviction moratorium limiting evictions to only specific just causes. The tenant does not vacate the property.
Claim: The homebuyer claims the eviction notice is enforceable since tenant protection statutes allowing for no-fault just cause evictions are not superseded by the COVID-19 eviction moratorium.
Counterclaim: The tenant claims the eviction notice is unenforceable since the homebuyer’s intent to occupy the property does not meet the requirements for the COVID-19 eviction moratorium allowing evictions only for a specific just cause which is not present in a no-fault eviction.
Holding: A California appeals court holds the homebuyer may not evict the tenant since a no-fault eviction based on the homebuyer’s intent to occupy the property is superseded by the COVID-19 eviction moratorium which protects tenants from no-fault evictions. [Arche v. Scallon (2022) 82 CA5th 12]
Related Reading:
Real Estate Property Management Chapter 27: Just cause evictions under the Tenant Protection Act
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