Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Everyone needs a place to live. No one is entitled to live in a place for free. That's why there are people living on the streets. If one finds themselves in that situation, there are government programs available which are likely just as ineffective as what is being discussed. Government has no problem shifting the burden onto the people.
If the government wants to shut everything down, then:
1. government should pay the rents that cannot be paid in order to keep a roof over the head of those they put out of work.
2. give additional stimulus checks to landlords to cover lost payments.
3. offer to purchase the rented property at market rate from the landlord and let the tenants stay there free.
In many instances, if government was as good at solving problems as creating them, we all would have less stress.
Ask the cities, the states, the nation, the world.
Evictions continued during the moratorium for several reasons and one was, the law can not make you keep a bad tenant. True, you can not evict tenant (there may have been cases) during the moratorium if the tenant is on the voucher program, but the landlord is getting 1/3 of the person's income every month cash in hand and at the end of moratorium the landlord can evict for the unpaid amount.
The law was doing exactly that. The moratorium blocked evictions for any reason. Most courts - in the states that honored the moratorium - were not even processing eviction paperwork.
The landlord isn't going to take that risk that they are ultimately settling for 1/3rd of the rent.
How do you prove they know? Court of law, 'I didn't know about the programs Judge'. 'Why didn't you know"? Response, 'no one told me.' 'Didn't the landlord provide you with that information?' 'No they did not judge' --- Keep in mind that millions of eviction continued all throughout the eviction moratoriums. The States passing legislature for landlords to inform their tenants --- now they haven't an excuse.
Landlords must follow government (regulations) guidelines in how they manage the up keep on the units, as well as, allow the government access to their financials.
Why does the tenant need to be directly informed by someone in order to know about the program but the landlord does not? Are you saying they are less literate and unable to follow the news and read the bills passed as the landlord is expected to do? Yes, I realize the law is arbitrarily placing that burden on the landlords and applying a disparate standard - ignorance is accepted by a tenant who was not personally informed but ignorance is not accepted by a landlordwho was not personally informed. This is just one additional burden that is driving smaller landlords out of the industry. What's next?
If you fall behind on car payments, require the bank to walk you through creating a household budget? If you miss your credit card payments, make the credit card hook you up with credit relief services?
Once again, if the unpaid amount is not paid, the tenant can not participate in the voucher program. They can't leave 4 months into it and leave the landlord holding unpaid debt --- even if they didn't want to participate in the voucher program, the government knows all about the person when they filled out application to enter the program. The landlord can still take the unpaid debt to a judge and claim a judgment against the person and the person doesn't even have to be there --- they just have to be notified of the court date. The landlord may still not get the debt paid, but the tenant won't be renting anywhere with that on their credit report, either.
That's cute that you think it actually will work out like that. A judgment against a deadbeat is a worthless piece of paper.
Guess what? The tenant won't be renting anywhere with unpaid rent in their history, program or no program. Landlords use more than just civil judgments on credit reports in evaluating applications.
Status:
"It Can't Rain All The Time"
(set 25 days ago)
Location: North Pacific
15,754 posts, read 7,588,006 times
Reputation: 2576
[quote=Ellis Bell;61724018]Evictions continued during the moratorium for several reasons and one was, the law can not make you keep a bad tenant. True, you can not evict tenant (there may have been cases) during the moratorium if the tenant is on the voucher program, but the landlord is getting 1/3 of the person's income every month cash in hand and at the end of moratorium the landlord can evict for the unpaid amount. /quote]
Quote:
Originally Posted by oceangaia
The law was doing exactly that. The moratorium blocked evictions for any reason. Most courts - in the states that honored the moratorium - were not even processing eviction paperwork.
The landlord isn't going to take that risk that they are ultimately settling for 1/3rd of the rent.
Quote:
Originally Posted by oceangaia
The law was doing exactly that. The moratorium blocked evictions for any reason. Most courts - in the states that honored the moratorium - were not even processing eviction paperwork.
I gave you two article that stated evictions proceeded. Two more:
"The moratorium does not relieve residents of rent obligations or contractual fees, penalties or interest for untimely payments, or prevent a property owner from commencing eviction proceedings; it only pauses evictions themselves."
"As a result, since September we have seen that various courts are implementing the CDC order differently:
In some places, courts are not holding hearings for tenants who have provided a CDC declaration until after the CDC moratorium expires.
Some states, like Texas, require landlords to include a blank copy of the CDC moratorium declaration form when they give a tenant a notice to quit.
Elsewhere, judges have questioned the validity of CDC declaration forms provided by renters."
Quote:
Originally Posted by oceangaia
The landlord isn't going to take that risk that they are ultimately settling for 1/3rd of the rent.
It is the landlords prerogative to decline rent payments at any time. It is also the tenants prerogative to sue said landlord for doing so --- it all gets worked out in a court of law.
I would think though that declining the agreed upon voucher the landlord is breaking their contract with the government.
"There is some information on court cases filed to force tenants out. And there is limited information on when judges sign orders ruling in favor of landlords over tenants. But there is no central data collection system tracking when those orders have been completed and tenants actually tossed out."
^ that's why I'm not finding evictions numbers in a central location for the year 2020, where the CDC moratorium was not applied.
"The moratorium does not relieve residents of rent obligations or contractual fees, penalties or interest for untimely payments, or prevent a property owner from commencing eviction proceedings; it only pauses evictions themselves."
"As a result, since September we have seen that various courts are implementing the CDC order differently:
Your first link is March 2021, a year after covid hit the US. It's closing the barn door long after the horses have left.
The bolded in your quote means it's luck of the draw where a landlord lives.
You're still being cute, thinking an obligation, where the means to enforce it has been blocked, is much of an obligation. The whole point of eviction is to get a non-paying tenant out quickly to mitigate the losses to just a month or so of rent. Filing for eviction amounts to nothing if you can't actually carry out the eviction and regain possession of the property.
It is the landlords prerogative to decline rent payments at any time. It is also the tenants prerogative to sue said landlord for doing so --- it all gets worked out in a court of law.
I would think though that declining the agreed upon voucher the landlord is breaking their contract with the government.
What contract between the landlord and the government are you talking about?
As for the bolded, what you think of it might matter some day once you've tried being a landlord.
Status:
"It Can't Rain All The Time"
(set 25 days ago)
Location: North Pacific
15,754 posts, read 7,588,006 times
Reputation: 2576
Quote:
Originally Posted by oceangaia
Your first link is March 2021, a year after covid hit the US. It's closing the barn door long after the horses have left.
The bolded in your quote means it's luck of the draw where a landlord lives.
You're still being cute, thinking an obligation, where the means to enforce it has been blocked, is much of an obligation. The whole point of eviction is to get a non-paying tenant out quickly to mitigate the losses to just a month or so of rent. Filing for eviction amounts to nothing if you can't actually carry out the eviction and regain possession of the property.
At the end of the day, the tenant won't be able to find a place to live with a judgement on their record and some landlords turned away cash in hand ... Moratorium ended dec 2021? Other posts I have made covered the topic of evictions proceeded in the year 2020.
You keep posting the same thing over and over again, you know that right?
Supreme Court just ended Biden’s eviction moratorium.
Quote:
WASHINGTON — The Supreme Court on Thursday rejected the Biden administration’s latest moratorium on evictions, ending a political and legal dispute during a public health crisis in which the administration’s shifting positions had subjected it to criticism from adversaries and allies alike.
The court issued an eight-page majority opinion, an unusual move in a ruling on an application for emergency relief. The court’s three liberal justices dissented.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
