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re: Could a residential lease contract state that the eviction moratorium doesn't apply?
Posted on 1/18/21 at 9:17 pm to SlowFlowPro
Posted on 1/18/21 at 9:17 pm to SlowFlowPro
quote:
the moratorium applies to, specifically non-payment of rent. if you violate your lease for other reasons you can be evicted
Ok makes sense. And for non-payment a tenant can be evicted as soon as the moratorium is lifted, right?
1
Posted on 1/18/21 at 9:20 pm to Ben Hur
quote:
And for non-payment a tenant can be evicted as soon as the moratorium is lifted, right?
i guess so, if that ever happens
Posted on 1/18/21 at 9:21 pm to stout
a guy i know went full time in the buy-rent game a couple years ago and he's still buying properties (in TX now) to rent
i almost messaged him a couple months ago asking him if he was insane
i almost messaged him a couple months ago asking him if he was insane
Posted on 1/18/21 at 9:23 pm to SlowFlowPro
quote:
i almost messaged him a couple months ago asking him if he was insane
I know someone snatching up properties left and right in LC for rentals. I want some too but I will stick to flipping what I can until this crap is over with. The way the Dems are going they might just give the rentals to the tenants.
Posted on 1/18/21 at 9:34 pm to stout
Constitution
Statutory law
Private contract
That’s the hierarchy. Your moratorium is in between statutory law and private contract.
Statutory law
Private contract
That’s the hierarchy. Your moratorium is in between statutory law and private contract.
Posted on 1/18/21 at 9:35 pm to Rust Cohle
quote:
do a month-to-month lease
thats what I do..I also then price rent higher because the renter has "more flexibility" ...
This post was edited on 1/18/21 at 9:37 pm
Posted on 1/18/21 at 10:26 pm to rocket31
Month to month lease isn’t a work around to eviction moratorium. You still have to evict if the tenant holds over
Posted on 1/18/21 at 11:24 pm to stout
I haven’t had any issues evicting here in Louisiana. Where is this?
Though I haven’t had to since before the holidays. Is this a thing again?
Though I haven’t had to since before the holidays. Is this a thing again?
This post was edited on 1/18/21 at 11:27 pm
Posted on 1/18/21 at 11:52 pm to boosiebadazz
quote:
Constitution
Statutory law
Private contract
quote:
Constitution
quote:
boosiebadazz
Does not compute.
Posted on 1/19/21 at 12:02 am to stout
Are you asking if two people can agree between themselves that laws do not apply to them?
Sure, but local, state, and federal laws will still apply to them.
Sure, but local, state, and federal laws will still apply to them.
This post was edited on 1/19/21 at 12:04 am
Posted on 1/19/21 at 12:19 am to stout
Yes.
Posted on 1/19/21 at 7:08 am to SlowFlowPro
quote:
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
Correct , friend of mine has several rent houses in NO and has evicted several for “other” violations.
Posted on 1/19/21 at 7:11 am to texn
quote:
Month to month lease isn’t a work around to eviction moratorium.
how is it not? the lease is over
the moratorium is solely for non-payment. the lease ending isn't non-payment
Posted on 1/19/21 at 7:15 am to stout
Again, what is the mechanism to make the landlord whole after this is over? Most people have rental properties as income sources. Are they supposed to just let their tenants live rent free for at least 18 months for the “greater good”?
Posted on 1/19/21 at 7:43 am to boosiebadazz
Just remember the eviction moratorium comes from the CDC
Not HUD
Or the DOJ
The CDC
The whole thing is weird
Not HUD
Or the DOJ
The CDC
The whole thing is weird
Posted on 1/19/21 at 8:01 am to Purple Spoon
quote:
federal government thinks they have the authority to tell a property owner what the can or cannot do with their own property.
That's cute that you think you actually own the property little serf. lmao.
Posted on 1/19/21 at 8:09 am to stout
quote:
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.
Find decent properties next to hospitals, rent to contract healthcare employees for 3 month increments for above market rents. They will be leaving in 3 months anyways. Just one pivot strategy that has worked for me.
Posted on 1/19/21 at 8:18 am to SlowFlowPro
quote:
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
You can still evict for non payment, it's up to the tenant to submit the CDC declaration ( PDF) that the non-payment was due to COVID19. They can also simply testify to same orally in court, from what I've seen.
Posted on 1/19/21 at 9:27 am to SlowFlowPro
correct, best way is to do month to month lease for a higher amount. Stout is still better flipping though.
Posted on 1/19/21 at 10:18 am to stout
There are lots of leases and other contracts that have unenforceable terms in them. But the tenant or other party against whom the clauses are being enforced has to know that and fight it. So if I put a clause in my lease that says the moratorium doesn't apply and you as the tenant don't know it's not enforceable and I later tell you I'm evicting you and so you move out b/c you think the lease requires you to do so, then I have successfully applied that clause in your case, even though I wouldn't have otherwise been able to enforce it in court.
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