[WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Tue Mar 9 11:41:47 PST 2021

Bryce -

Theoretically, if the occupant submits the CDC Declaration, then under the
current legal justification, the occupant would be protected.

If you look at the CDC's terribly drafted "Order" you will see it applies
to a "landlord, owner of a residential property, or other person with a
legal right to pursue eviction or possessory action" and  "covered persons"
are defined as "tenant, lessee, or resident of a residential property."

The way I read it is that under the broad interpretation being applied, it
even applies to a squatter or a trespasser. The CDC's Order does not (to my
knowledge) even require the person, be on the property legally.

On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com> wrote:

> What about evictions arising out of non landlord tenant situations where
> PR is attempting to evict a family member from decedents house after 60 day
> notice to sell was given and we are in action for ejectment.
>
>
>
> Bryce H. Dille
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
> *Sent:* Tuesday, March 9, 2021 11:03 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
>
>
>
> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
> which raised issues with evictions related to terminations based upon
> owner's intent to sell or occupy.  Dealing with the federal CDC eviction
> moratorium being declared unconstitutional by a Texas federal district
> court.  Oral argument on May 13.
>
>
> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
>
> I understand we can still issue notices just not proceed with eviction
> hearings.
>
>
>
>
>
> *Robert R Rowley*
> Attorney & Counselor at Law
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