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Started By
Message
Federal Eviction Moratorium?
Posted on 11/3/20 at 10:32 am
Posted on 11/3/20 at 10:32 am
I am a landlord in Louisiana and have a tenant who is 2+ months behind in rent. He has been behind before COVID, and is now of course using that excuse. I sent him an eviction notice last week, and he responded with a signed form from the CDC stating that a federal moratorium on evictions is in place to "reduce the spread of Covid-19." I did a little research and the form is legit and the FAQ's say that it is in effect in states that do not have eviction freezes (LA does not).
So it looks like I'm SOL until this notice expires? I wasn't aware of this order, which went into effect in September. The latest I had read up until this was that LA was no longer freezing evictions.
CDC Form
So it looks like I'm SOL until this notice expires? I wasn't aware of this order, which went into effect in September. The latest I had read up until this was that LA was no longer freezing evictions.
CDC Form
7
Posted on 11/3/20 at 11:46 am to slinger1317
quote:
LA was no longer freezing evictions.
but are they enforcing evictions where the house is located?
Posted on 11/3/20 at 11:47 am to slinger1317
yes I am victim to this BS as well. Its beyond nonsense to give people stimulus checks + 600/week unemployment bonuses AND then turn around and basically declare they dont have to pay their rent. Many people have been getting more in unemployment than what they were getting while working.
Some work arounds to this is evicting for a reason other than non-payment of rent. Check your lease for any rules they may have violated. If they are on month to month lease you can give them notice to vacate and evict if they dont move out... just make sure you dont mention non-payment of rent at all during eviction.
Also possible to take them to small claims for unpaid rent perhaps.
Some work arounds to this is evicting for a reason other than non-payment of rent. Check your lease for any rules they may have violated. If they are on month to month lease you can give them notice to vacate and evict if they dont move out... just make sure you dont mention non-payment of rent at all during eviction.
Also possible to take them to small claims for unpaid rent perhaps.
This post was edited on 11/3/20 at 11:49 am
Posted on 11/3/20 at 12:23 pm to audioaxes1
quote:
If they are on month to month lease you can give them notice to vacate and evict if they dont move out
This is my situation. He is month to month and I gave him 40 days notice of termination of his lease- never mentioned non payment. The fine print does say he can still be evicted for other reasons, not sure that month to month would fall into that category. I don't want to fight with the guy but at the same time I need to have some income from that property.
Posted on 11/3/20 at 1:42 pm to slinger1317
if thats the case you can just proceed with eviction, his signed CDC form is irrelevant. One thing to look into is if/when they grant eviction, is your local authorities actually going to go there and kick him out.
Posted on 11/3/20 at 1:53 pm to audioaxes1
Neighbor rents a house in NOLA, filed to evict in June but the city isn't enforcing it. The renter calls him a few weeks ago and tells him he's working again and has money for rent. Neighbor tells him he hasn't paid since March, owes 7 months.
Renter tells him no, he only owes three months (March-May), since he was "evicted" in June.
Renter tells him no, he only owes three months (March-May), since he was "evicted" in June.
Posted on 11/3/20 at 2:12 pm to slinger1317
Can the Center for Disease Control control the Louisiana courts system? By what authority does the law allow them to do this?
Since the tenants are getting free rent, where is the legal authority protecting the landlords from having their properties foreclosed on by their mortgage companies?
The buck has to stop somewhere.
Since the tenants are getting free rent, where is the legal authority protecting the landlords from having their properties foreclosed on by their mortgage companies?
The buck has to stop somewhere.
Posted on 11/3/20 at 2:19 pm to geauxpurple
unfortunately the big bad landlords are an easy target to be dumped on
Posted on 11/3/20 at 2:19 pm to geauxpurple
quote:
Since the tenants are getting free rent, where is the legal authority protecting the landlords from having their properties foreclosed on by their mortgage companies?
The buck has to stop somewhere.
Pretty much
There's a perception that the people who own properties are not impacted significantly by the loss of revenue but most are paying the property mortgages directly from the rental income.
Posted on 11/3/20 at 4:56 pm to slinger1317
I imagine that either party can terminate the contract for any reason (other than non-payment) and it will be enforceable as long as you gave proper notice.
Posted on 11/3/20 at 6:16 pm to slinger1317
I would at least try to evict, if local authorities evict, then what can they do? Unlikely to sue?
Posted on 11/4/20 at 7:38 pm to slinger1317
The moratorium expires on 12/31/2020 and in theory the renter has to pay the back rent but I suspect most will just leave.
There are a lot of CARES $ that have been given to non-profits as grants to be used to help renters get caught up. He may be able to get one of those to pay his rent which would help you out. It might be worth your time to call United Way (they are frequently involved ) and find out if they know which non-profits have grant $. Then tell your renter to apply. You should be paid directly from the organization.
Also, the local court/magistrate may not honor the moratorium. Seen that happen, at least when it first came out.
There are a lot of CARES $ that have been given to non-profits as grants to be used to help renters get caught up. He may be able to get one of those to pay his rent which would help you out. It might be worth your time to call United Way (they are frequently involved ) and find out if they know which non-profits have grant $. Then tell your renter to apply. You should be paid directly from the organization.
Also, the local court/magistrate may not honor the moratorium. Seen that happen, at least when it first came out.
Posted on 11/6/20 at 12:54 pm to audioaxes1
quote:No ONE is getting that. It ended July 31. It’s now November 6. The maximum ANYONE in Louisiana is getting is $222 a week because it’s taxed.
600/week unemployment bonuses
Posted on 11/6/20 at 12:57 pm to audioaxes1
quote:Not one person in Louisiana is. NOT ONE. Louisiana’s maximum unemployment since July 31 is $247 a week and $6.17 that’s less than minimum wage. Stimulus checks were 7 months ago and like $5 a day.
Many people have been getting more in unemployment than what they were getting while working.
Posted on 11/18/20 at 3:35 pm to slinger1317
Update:
I posted a 30 day notice on his door last month. This week the 30 days was up and he hasn't budged. I filed a petition for eviction with my local Justice of the Peace, and since it is not for non-payment of rent, I am able to work around the CDC eviction freeze. We are set for a hearing tomorrow and I just got a call from a lawyer from a non-profit org that is representing him. Basically saying the CDC order is in place whether I like it or not, and even if the JoP rules for me, they will then appeal it to district court, where it will sit for several months.
I spoke to an attorney friend of mine, and she said that these non-profit lawyers do this shite all the time, and that he is right about the case sitting for months on appeal. Technically while the case is waiting to be heard in district court I will not be able to evict him, even if the CDC order expires.
So now my options are to move forward with the eviction hearing- with him appealing, or dropping the case and hoping the eviction freeze doesn't get extended past Dec. 31. If it expires Dec 31, I can evict him Jan 1 and the CDC order will have no bearing. So I am basically foregoing another month's rent (December) in order to not have to wait on appeal that can take months and be out several more months' rent.
It pisses me off that this piece of shite sit in my property not paying me a dime, and the government says I can't do anything about it. Even worse is the piece of shite lawyer that represents him. Hard to believe this can happen in America. If Biden is sworn in you can guarantee that the eviction freeze will be extended, probably indefinitely.
I posted a 30 day notice on his door last month. This week the 30 days was up and he hasn't budged. I filed a petition for eviction with my local Justice of the Peace, and since it is not for non-payment of rent, I am able to work around the CDC eviction freeze. We are set for a hearing tomorrow and I just got a call from a lawyer from a non-profit org that is representing him. Basically saying the CDC order is in place whether I like it or not, and even if the JoP rules for me, they will then appeal it to district court, where it will sit for several months.
I spoke to an attorney friend of mine, and she said that these non-profit lawyers do this shite all the time, and that he is right about the case sitting for months on appeal. Technically while the case is waiting to be heard in district court I will not be able to evict him, even if the CDC order expires.
So now my options are to move forward with the eviction hearing- with him appealing, or dropping the case and hoping the eviction freeze doesn't get extended past Dec. 31. If it expires Dec 31, I can evict him Jan 1 and the CDC order will have no bearing. So I am basically foregoing another month's rent (December) in order to not have to wait on appeal that can take months and be out several more months' rent.
It pisses me off that this piece of shite sit in my property not paying me a dime, and the government says I can't do anything about it. Even worse is the piece of shite lawyer that represents him. Hard to believe this can happen in America. If Biden is sworn in you can guarantee that the eviction freeze will be extended, probably indefinitely.
Posted on 11/18/20 at 3:40 pm to slinger1317
Time to cut power and take the doors off
Posted on 11/18/20 at 3:54 pm to b-rab2
quote:
Time to cut power and take the doors off
I’m honestly considering what I can do to be a pain in this guys arse without being obvious about it. He pays his own electric bill and I pay water and sewer. I thought about pulling the breaker on his AC unit and when he calls to report it not working just take about 2 weeks to fix it.
Such a hard pill to swallow
This post was edited on 11/18/20 at 3:55 pm
Posted on 11/18/20 at 4:49 pm to slinger1317
quote:
I thought about pulling the breaker on his AC unit and when he calls to report it not working just take about 2 weeks to fix it.
I understand you are frustrated by the situation (rightfully, IMO), but this will not do anything to make the situation better.
Posted on 11/18/20 at 5:16 pm to DallasTiger45
Be careful about all of these ideas about sabotage. You want to be the plaintiff in the lawsuit, not the defendant.
Posted on 11/18/20 at 6:15 pm to slinger1317
You might want to try the “cash for keys” idea. Give them cash to get the hell out
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