"An eviction tsunami"

mikewof

mikewof
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A federal judge has ruled that the Federal moratorium on evictions is unconstitutional ...

https://abcnews.go.com/US/texas-federal-judge-rules-cdcs-pandemic-eviction-moratorium/story?id=76134385

"Although the COVID-19 pandemic persists, so does the Constitution."

Although as it stands, the moratorium is still in effect and will remain so until the end of March at least, unless it is extended again.

When the moratorium is lifted, our country will see the biggest wave of evictions in history. The courts may not even be able to keep up with all of the property owners who currently are forced to supply free rent to tenants who file the COVID exemption, even while their own costs mount.

 
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Ease the sheet.

ignoring stupid people is easy
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so the federal government attempts to support the people it represents and the constitution says no?

what a great piece of paper.

 

ShortForBob

Super Anarchist
34,393
2,661
Melbourne
Shocking . What sort of people want to evict tenants and make them homeless in the midst of a pandemic?

Strange that Mike posts this without comment as he's skin in the game.

 
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mikewof

mikewof
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1,118
so the federal government attempts to support the people it represents and the constitution says no?

what a great piece of paper.
That's the way it is. The states can place the moratorium, but not the Feds.

The government represents both people who own and rent property.

 

mikewof

mikewof
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1,118
Shocking . What sort of people want to evict tenants and make them homeless in the midst of a pandemic?

Strange that Mike posts this without comment as he's skin in the game.
No decent property owner wants to evict tenants, it's a lose-lose proposition.

But the moratorium says that the tenant needs to only file the COVID exemption and then they can stop paying rent.

In my case, I have a mortgage and lots of costs on my grandmother's old house, I rented it to a tenant who needed it, and they filed the COVID exemption days later. The exemption claims that the tenant lost their jobs due to COVID, but they still need to attempt to pay some rent. In my case they still have jobs and have paid no rent since October. They won't pay gas, electric or water, and I can't shut it off, so I have to pay that for them. They've broken doors and walls and get into raging fights that end with visits from the police. And eviction is not allowed.

We have social safety nets to prevent homelessness, it's called Section-8 and I'm happy to rent Section-8, I have in the past. But there is no compliance check on the COVID exemption, it's just a blanket permission to not pay any rent.

Yes, I'm sure that it does help some people who have been genuinely impacted, but it's also apparently abused. If you feel proactive Meli, why not rent out your home to someone who breaks down doors and walls and doesn't pay rent. Then you'll have "skin in the game" too! Whee!

 
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ShortForBob

Super Anarchist
34,393
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Melbourne
No decent property owner wants to evict tenants, it's a lose-lose proposition.

But the moratorium says that the tenant needs to only file the COVID exemption and then they can stop paying rent.

In my case, I have a mortgage and lots of costs on my grandmother's old house, I rented it to a tenant who needed it, and they filed the COVID exemption days later. The exemption claims that the tenant lost their jobs due to COVID, but they still need to attempt to pay some rent. In my case they still have jobs and have paid no rent since October. They won't pay gas, electric or water, and I can't shut it off, so I have to pay that for them. They've broken doors and walls and get into raging fights that end with visits from the police. And eviction is not allowed.

We have social safety nets to prevent homelessness, it's called Section-8 and I'm happy to rent Section-8, I have in the past. But there is no compliance check on the COVID exemption, it's just a blanket permission to not pay any rent.

Yes, I'm sure that it does help some people who have been genuinely impacted, but it's also heavily abused. If you fell proactive Meli, why not rent out your home to someone who breaks down doors and walls and doesn't pay rent. Then you'll have "skin in the game" too!
Or choose better tenants?

I've had tenants good and not so good. Comes with being a landlord. 

Why not sell your second house and pay off your mortgage. That's what I did. problem solved, no tenants no mortgage. win win.

 
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mikewof

mikewof
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Or choose better tenants?

I've had tenants good and not so good. Comes with being a landlord. 

Why not sell your second house and pay off your mortgage. That's what I did. problem solved, no tenants no mortgage. win win.
I'm supposed to sell a house that is inhabited by a tenant who can't be evicted? How would that work?

For your bad tenants, did the government tell you you that you weren't allowed to evict them?

 
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Fah Kiew Tu

Curmudgeon, First Rank
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Tasmania, Australia
Or choose better tenants?

I've had tenants good and not so good. Comes with being a landlord. 

Why not sell your second house and pay off your mortgage. That's what I did. problem solved, no tenants no mortgage. win win.
Yep that's the reason I'd not become a landlord. Too much hassle.

Nonetheless I can understand the position if you're paying the mortgage with no relief and your tenants aren't paying you. That could well become unsustainable, resulting in a mortgage foreclosure, sale of property and tenants getting evicted. From the tenants' POV, little difference in outcome, maybe some in timing.

FKT

 

ShortForBob

Super Anarchist
34,393
2,661
Melbourne
I'm supposed to sell a house that is inhabited by a tenant who can't be evicted? How would that work?

For your bad tenants, did the government tell you you that you weren't allowed to evict them?
Is this what you're talking about?

Looks like you can evict them for property damage.

https://www.federalregister.gov/documents/2020/09/04/2020-19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19


Renter's or Homeowner's Declaration




 
Attachment A is a Declaration form that tenants, lessees, or residents of residential properties who are covered by the CDC's order temporarily halting residential evictions to prevent the further spread of COVID-19 may use. To invoke the CDC's order these persons must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. Each adult listed on the lease, rental agreement, or housing contract should likewise complete and provide a declaration. Unless the CDC order is extended, changed, or ended, the order prevents these persons from being evicted or removed from where they are living through December 31, 2020. These persons are still required to pay rent and follow all the other terms of their lease and rules of the place where they live. These persons may also still be evicted for reasons other than not paying rent or making a housing Start Printed Page 55293payment. Executed declarations should not be returned to the Federal Government.

 

mikewof

mikewof
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1,118
Yep that's the reason I'd not become a landlord. Too much hassle.

Nonetheless I can understand the position if you're paying the mortgage with no relief and your tenants aren't paying you. That could well become unsustainable, resulting in a mortgage foreclosure, sale of property and tenants getting evicted. From the tenants' POV, little difference in outcome, maybe some in timing.

FKT
That isn't really right. Normally, when the tenant stops paying, they can be evicted in a month or so. In this case, they're living rent free for months and months with no eviction in sight. I don't really understand how this helps COVID, but COVID is in the name, so I guess it does, somehow.

 

ShortForBob

Super Anarchist
34,393
2,661
Melbourne

mikewof

mikewof
45,002
1,118
Is this what you're talking about?

Looks like you can evict them for property damage.

https://www.federalregister.gov/documents/2020/09/04/2020-19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19


Renter's or Homeowner's Declaration




 
Attachment A is a Declaration form that tenants, lessees, or residents of residential properties who are covered by the CDC's order temporarily halting residential evictions to prevent the further spread of COVID-19 may use. To invoke the CDC's order these persons must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. Each adult listed on the lease, rental agreement, or housing contract should likewise complete and provide a declaration. Unless the CDC order is extended, changed, or ended, the order prevents these persons from being evicted or removed from where they are living through December 31, 2020. These persons are still required to pay rent and follow all the other terms of their lease and rules of the place where they live. These persons may also still be evicted for reasons other than not paying rent or making a housing Start Printed Page 55293payment. Executed declarations should not be returned to the Federal Government.
I thought so too ... turns out my state will only evict for "felony" damage, like a meth lab, or brothel, not broken doors and walls.

 

ShortForBob

Super Anarchist
34,393
2,661
Melbourne
Yep that's the reason I'd not become a landlord. Too much hassle.

Nonetheless I can understand the position if you're paying the mortgage with no relief and your tenants aren't paying you. That could well become unsustainable, resulting in a mortgage foreclosure, sale of property and tenants getting evicted. From the tenants' POV, little difference in outcome, maybe some in timing.

FKT
Mike's talking about his own mortgage. AFAIK there is no mortgage on the rental.

 

ShortForBob

Super Anarchist
34,393
2,661
Melbourne
Don't feel left out, I'm sure you can find someone to rent your current home who doesn't want to pay rent and can't be evicted.
And no doubt I'd find a tenant that doesn't break doors down. :rolleyes:

Only time I've had trouble with tenants is when I was overseas and used an agent.

 

mikewof

mikewof
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1,118
Mike's talking about his own mortgage. AFAIK there is no mortgage on the rental.
Both homes have debt. My grandmother's home was built in the 1920s, I've needed to put a massive amount of work into it ... wiring, foundation, roof, and the property tax is high too. There is supposedly a program to reimburse rent, but it's not actually paid anything yet, it doesn't cover damage from the tenants and I'm not even sure where the money is coming from. National debt?

 

mikewof

mikewof
45,002
1,118
And no doubt I'd find a tenant that doesn't break doors down. :rolleyes:

Only time I've had trouble with tenants is when I was overseas and used an agent.
Nobody WANTS to rent to destructive tenants, it's just the way things work out apparently when they suddenly have a bunch of money sitting around that doesn't need to go to rent and can go to other things that perhaps tend to cloud one's judgement. Property owners tend not to have the ability of precognition, as far as I know.

My grandpa and grandma bought that house back when Denver was overrun with cattlemen and drunks, I can only assume he's seen a good bit worse than I'm seeing. In the summer, I can still go into the backyard and pick tiny grapes from the descendants of vines that he planted back in 1930. Yeah, bad tenant now, but the next one will be good, that house has good energy.

Regardless, when the moratorium is lifted, there WILL be an eviction tsunami, I don't see how that can be avoided, nor do I see how this has anything to do with COVID. It seems that a better method would have just been to extend Section-8 benefits to people with demonstrated need, rather than their ability to sign a two-page COVID form. At least with Section-8, there are social workers who monitor the situation. But this COVID exemption is just a free-for-all, there is no oversight that I can see anywhere.

 
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ShortForBob

Super Anarchist
34,393
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Melbourne
Here. the EO from you're governor 

Can't see where it says you can't evict a tenant for non payment. you just have to give correct notice. (30 days) 

I only skimmed it, but it would seem that if you've already given notice, you can backdate the notice period to include the time already under notice.

https://drive.google.com/file/d/1n32m2FHLlc4CJxk2dLrSGUibHlc8BVZ1/view

This wouldn't just be another whinge about Covid restrictions would it?

 
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