Landlords’ lawsuits against eviction bans may have valid constitutional challenges. But they may take years to get to the courtroom.

Across the country, some landlord groups are scurrying to prepare legal challenges to pandemic-provoked eviction bans or already have gone to court.

In Southern California, for instance, the Apartment Association of Greater Los Angeles County filed a lawsuit in federal court June 11 arguing that the city’s eviction moratorium violates the U.S. Constitution, the California Constitution and state law. If the moratorium and an accompanying rent freeze stay in place, the suit states, they’ll “continue to inflict massive and widespread economic damage” on Los Angeles landlords.

In two other places in Southern California—the cities of Duarte and Upland—government leaders in April repealed bans on commercial and residential evictions after property owners threatened to file suit.

Under an updated order from Gov. Gavin Newsom, local governments in California can impose eviction bans through July 28. A proposed statewide moratorium on commercial real estate evictions for small businesses and non-profits failed to advance last week, however.

As bans expire in many spots around the U.S., a rush of evictions could be result. Most attention is focused on residential evictions, but the wave could also wash over offices, stores and other properties slammed by the pandemic. It’s worth emphasizing that commercial real estate eviction bans haven’t been imposed in every state. For example, Oregon authorized a temporary prohibition against commercial real estate evictions, but New Jersey did not.

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