A landlord group suing Oakland and Alameda County over their eviction moratoria says it will appeal a ruling last month allowing them to remain in place until a trial.

The Housing Providers of America had asked the court to toss out the moratoria before a full trial because they violated landlords’ constitutional rights, the San Francisco Business Times reported. A judge disagreed.

U.S. Magistrate Judge Laurel Beeler wrote the moratoria were not unconstitutional because they are “temporary and not indefinite” and do not absolve renters of their obligation to pay rent.

She added the moratoria don’t preempt landlords from exiting the rental market.

While Alameda County has discussed ending its moratorium next spring, there has been no talk of ending the eviction ban in Oakland, said John Protopappas, CEO of Madison Park Financial, who has led the legal effort for the landlord group.

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