Jones v. Shields

KINCAID, J.

This appeal is from a judgment in unlawful detainer ordering the possession of the residential premises involved to be restored to the plaintiff owners by the defendant tenants. Plaintiffs purchased and became the owners of the property on April 26, 1943. At the time of such acquisition, defendants were in possession thereof on a month-to-month tenancy, at $67 per month, payable in advance, on the 25th day of each month.

Plaintiffs applied for, and on June 25, 1943, there was issued to them, by the Office of Price Administration, a certificate relating to eviction, granted under section 6(b)(2) of the Rent Regulation for Housing (8 Fed. Register 7322, issued pursuant to the Emergency Price Control Act of 1942, Pub. L. No. 421, 77th Cong., 2d Sess., ch. 26, 56 Stat. 29). On August 24, 1943, plaintiffs caused to be served on defendants a written notice advising them of the issuance of such certificate and terminating said month-to-month tenancy on September 25, 1943. More than three months elapsed following the issuance of said certificate, and more than one

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month elapsed since the service of the notice terminating the tenancy, but defendants continued in possession notwithstanding.

The defendants complain of the refusal of the trial court to receive evidence by way of defense concerning the questions: (1) as to whether or not the plaintiff purchasers seek in good faith to recover possession of the premises for their immediate use and occupancy as a dwelling; and (2) the defendants’ circumstances as to the size and status of their family, and their inability to find a place to which" to move. The court properly sustained the objections of plaintiffs to such evidence as being irrelevant to the issues presented by these proceedings.

The said rent regulation in providing for the removal of a tenant, and the recovery by the owner of possession of the real property for his own occupancy, sets up two entirely different procedures. The procedure to be followed depends on whether or not the owner took title to the premises prior or subsequent to the effective date of the regulation, which in this jurisdiction was November 1, 1942. If prior to such date, section 6(a)(6), of said regulation, is to be followed and the final decision as to whether the landlord seeks in good faith to recover possession of such accommodations for immediate use and occupancy as a dwelling for himself, rests with the local courts and not with the Office of Price Administration.

Bumgarner