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Could a residential lease contract state that the eviction moratorium doesn't apply?
Posted on 1/18/21 at 9:02 pm
Posted on 1/18/21 at 9:02 pm
What are the legal issues if it is clearly written and all parties agree?
14
Posted on 1/18/21 at 9:04 pm to stout
it can state that but good luck enforcing that if push comes to shove
be sure you have a severability clause so that the whole thing isn't possibly ruled illegal
be sure you have a severability clause so that the whole thing isn't possibly ruled illegal
Posted on 1/18/21 at 9:05 pm to stout
I would think a presidential EO would overrule some little contract
Posted on 1/18/21 at 9:06 pm to SlowFlowPro
quote:
it can state that but good luck enforcing that if push comes to shove
This is what I am curious about. Just wondering how soon this language will become standard and someone tries to enforce it.
quote:
be sure you have a severability clause so that the whole thing isn't possibly ruled illegal
Pretty standard anyway.
Posted on 1/18/21 at 9:06 pm to SlowFlowPro
quote:
it can state that but good luck enforcing that if push comes to shove
Posted on 1/18/21 at 9:06 pm to stout
Just do a month-to-month lease
Posted on 1/18/21 at 9:07 pm to stout
Why would a landlord, even agree to this ?
It just makes the lease contract have less balls
FWIW I think the eviction moratorium is a crock of shite.
It just makes the lease contract have less balls
FWIW I think the eviction moratorium is a crock of shite.
Posted on 1/18/21 at 9:07 pm to stout
From what I understand the moratoriums do not allow evictions to be processed at all. I don’t believe a clause would get them to push one through. They would tell you “We’re not doing any right now, sorry.”
Posted on 1/18/21 at 9:07 pm to stout
The legal issue here is that the federal government thinks they have the authority to tell a property owner what the can or cannot do with their own property.
This would not hold up in a Supreme Court challenge but muh pandemic n shite.
This would not hold up in a Supreme Court challenge but muh pandemic n shite.
Posted on 1/18/21 at 9:08 pm to Brosef Stalin
quote:
I would think a presidential EO would overrule some little contract
An executive order is not a law.
Posted on 1/18/21 at 9:09 pm to Landmass
quote:
An executive order is not a law.
This is where I was going
Posted on 1/18/21 at 9:09 pm to stout
quote:
This is what I am curious about. Just wondering how soon this language will become standard and someone tries to enforce it.
i don't think the courts will order an eviction (for non-payment at least) even with that clause
i mean the default law allows it and most contracts have specific clauses about it...all are worthless now. another clause won't help
Posted on 1/18/21 at 9:10 pm to SlowFlowPro
quote:
i don't think the courts will order an eviction (for non-payment at least) even with that clause
Yea good point. I didn't think about that but some courts are still hearing and processing in areas for both rent and mortgages.
Posted on 1/18/21 at 9:11 pm to Ben Hur
quote:
From what I understand the moratoriums do not allow evictions to be processed at all.
wrong. i personally witnessed some a few weeks ago
there is only a specific sliver that the moratorium applies to, specifically non-payment of rent. if you violate your lease for other reasons you can be evicted
Posted on 1/18/21 at 9:11 pm to Landmass
quote:
An executive order is not a law.
It is when obama or biden sign one.
See daca
Posted on 1/18/21 at 9:12 pm to stout
quote:
Yea good point. I didn't think about that
that's what i meant by good luck enforcing it
you can't enforce ANY clause relating to non-payment b/c of the EO
Posted on 1/18/21 at 9:13 pm to stout
quote:
quote:
it can state that but good luck enforcing that if push comes to shove
This is what I am curious about. Just wondering how soon this language will become standard and someone tries to enforce it.
SFP is correct. You can't "contract around" something like this. Just like you can't enforce a provision in a lease that allows self help eviction.
Posted on 1/18/21 at 9:15 pm to Landmass
quote:
An executive order is not a law.
the CDC moratorium wasn't an EO (as in from the President)
it's an agency order from the CDC itself. oh yeah it's got the power of law behind it
the thing is, you have to use a governmental agency to legally evict a person. so you have to convince the government agency that a governmental order has no power over them. good luck
Posted on 1/18/21 at 9:16 pm to stout
Turn the power off on them.
Posted on 1/18/21 at 9:17 pm to SlowFlowPro
quote:
the thing is, you have to use a governmental agency to legally evict a person. so you have to convince the government agency that a governmental order has no power over them. good luck
It's so absurd really. I am buying some hurricane-damaged properties and trying to figure out if I will fix or flip them. This pretty much makes my decision easier for now.
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