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How to protect landlords in the event of a future eviction moratorium?

Posted on 8/7/21 at 11:23 am
Posted by GrizzlyAlloy
Member since Aug 2020
1650 posts
Posted on 8/7/21 at 11:23 am
I'm going to start building a house in the next year, and I plan on keeping my current home as a rental. Is there anything I could put in the lease agreement to leave myself some recourse? Seems like having the lease terminate some way could be possible.

Can you make the lease automatically terminate in the event that the government institutes an eviction moratorium?

Can the lease terminate if they don't pay late fees by a certain date?

I'd rather not have to hope to catch them breaking the lease in another way.
This post was edited on 8/7/21 at 11:24 am
Posted by GrizzlyAlloy
Member since Aug 2020
1650 posts
Posted on 8/7/21 at 11:27 am to
Also, can you put verbiage in the lease requiring the tenant to provide the landlord with all correspondence proving they made every attempt to obtain government assistance to cover rent? And to provide proof of loss of income/layoff?

Maybe them not providing this info could terminate the lease.
This post was edited on 8/7/21 at 11:28 am
Posted by GREENHEAD22
Member since Nov 2009
19600 posts
Posted on 8/7/21 at 11:49 am to
Put some nitpick shite that allows you to evict, most people gloss over the contracts. Sucks you have to be this way but as always thank the government.
Posted by AUCE05
Member since Dec 2009
42568 posts
Posted on 8/7/21 at 12:05 pm to
I would have your water accounted for in the rent and cover it. If they stop paying, cut the water off. Once you establish neglect, then evict.
Posted by go ta hell ole miss
Member since Jan 2007
13626 posts
Posted on 8/7/21 at 12:07 pm to
Don’t you have to provide a habitable place? Is a home rental considered habitual if there is no water?
Posted by AUCE05
Member since Dec 2009
42568 posts
Posted on 8/7/21 at 12:09 pm to
Leasing in the country is different than leasing in NYC.
Posted by LChama
Member since May 2020
1651 posts
Posted on 8/7/21 at 1:14 pm to
Fire
Posted by molsusports
Member since Jul 2004
36115 posts
Posted on 8/7/21 at 1:19 pm to
quote:

some nitpick shite that allows you to evict, most people gloss over the contracts


Probably your best option

Frankly you need to know how your local government works. I don't think you effectively enforce/write a contract explicitly designed to counter the enforcement of the law

Ironically enough the places with more aggressive tenant rights will result in fewer people willing to rent or develop properties to rent - which in turn will mean higher prices and fewer rental options for tenants over time
Posted by HoldenOversoul
South Carolina
Member since Oct 2012
508 posts
Posted on 8/7/21 at 3:47 pm to
If you try that, make sure you include a severability clause.
Posted by GrizzlyAlloy
Member since Aug 2020
1650 posts
Posted on 8/7/21 at 3:54 pm to
quote:

If you try that, make sure you include a severability clause.


Good point.
Posted by GrizzlyAlloy
Member since Aug 2020
1650 posts
Posted on 8/7/21 at 4:09 pm to
Are there any other clauses that people have learned to add over the years that I should make sure to include? I'm editing a lease a buddy of mine sent me.
This post was edited on 8/7/21 at 4:10 pm
Posted by V Bainbridge
Member since Jul 2020
7795 posts
Posted on 8/7/21 at 4:27 pm to
Vote republican.
Posted by Joehat
New Orleans West
Member since Jun 2011
963 posts
Posted on 8/7/21 at 5:00 pm to
Specify how many cars can be parked on the property and have them Listed in the lease. If you’re trying to evict, take multiple pictures of any cars, which are wrongfully there, and use that as a breach.
Posted by GrizzlyAlloy
Member since Aug 2020
1650 posts
Posted on 8/7/21 at 5:37 pm to
quote:

Specify how many cars can be parked on the property and have them Listed in the lease. If you’re trying to evict, take multiple pictures of any cars, which are wrongfully there, and use that as a breach.


That's a really good one because the HOA prohibits parking in the street over night. Prior to thinking about keeping it as a rental, I asked to widen my driveway to allow for 3 cars but they denied me.

I've known this will be an issue with a 3 br house likely rented to 3 college students with 3 vehicles. The house across the street from me just got rented to 3 students and the 3rd one parks in the street every night.
Posted by geauxnc0308
pineywoods of ET
Member since May 2008
537 posts
Posted on 8/8/21 at 2:17 am to
Lease it month to month. Put a clause in there that states after 1st month the lease will continue unless renter or landlord give 30 day written notice etc.
Posted by Slevin7
Member since Sep 2015
1965 posts
Posted on 8/8/21 at 3:08 am to
Pay your skeezy friend from high school 100 bucks to follow him and beat his arse at random locations.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18769 posts
Posted on 8/8/21 at 7:02 am to
quote:

Vote republican.


It was a Republican who created the moratorium. A Democrat then extended it.

quote:

President Donald Trump signed an executive order Tuesday giving the Centers for Disease Control and Prevention broad authority to temporarily halt evictions during the COVID-19 pandemic.

Under the executive order, the CDC will use its power under federal law to prevent any landlord who has the legal right to evict a tenant from doing so to prevent the spread of COVID-19. It also provides assistance to property owners as well as tenants.


“I want to make it unmistakably clear that I’m protecting people from evictions,” Trump said in a statement on Tuesday.
Posted by Dandaman
Louisiana
Member since May 2017
705 posts
Posted on 8/8/21 at 10:52 pm to
Rent the place for a dollar and allow air conditioning for x per month.
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