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re: Landlord removes front door over late rent after woman loses job during pandemic

Posted on 12/16/20 at 7:14 am to
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/16/20 at 7:14 am to
quote:


Maybe. But that doesn't entitle him to breach too


There's nothing to breach after the tenant breached for non-payment. Plus, we don't know what the terms of the lease states. Two people can enter into a contract for pretty much anything if it doesn't violate any local, state or federal laws.

My lease contracts are like 30 pages, line itemed and single spaced on legal paper.

quote:

Certainly doesn't entitle him to break the law either.


We don't if that is the case. Laws in regards to leasing real property vary widely from one jurisdiction to another. I'm extremely thankful I live in the state of Louisiana in regards to this matter.

This post was edited on 12/16/20 at 7:16 am
Posted by fr33manator
Baton Rouge
Member since Oct 2010
133654 posts
Posted on 12/16/20 at 7:15 am to
quote:

All of my tenants, ALL of them, drive newe/nicer cars than me. Fortunately for them I own more than one house.



That’s probably why they are renters
Posted by ibldprplgld
Member since Feb 2008
27499 posts
Posted on 12/16/20 at 7:17 am to
quote:

However this particular landlord should be arrested and have his property immediately seized with no compensation.


Umm, ok KGB. Sounds great. Why don't we also throw him in a gulag and make his family wear scarlet letters?

I swear. I used to defend our fanbase when others on this site would claim LSU has some of the stupidest fans around, but people like you make it clear that there's obviously merit to those claims.
Posted by Hangit
The Green Swamp
Member since Aug 2014
45546 posts
Posted on 12/16/20 at 7:17 am to
In any other business, once a contract is broken, it is broken. Why should the landlord have to suffer because a tenant is not living up to their end of the bargain?

Poor decisions should come with consequences.
Posted by Mo Jeaux
Member since Aug 2008
62615 posts
Posted on 12/16/20 at 7:20 am to
quote:

There's nothing to breach after the tenant breached for non-payment.


Unless her failure to pay automatically terminated the contract, that's not true.

quote:

Plus, we don't know what the terms of the lease states. Two people can enter into a contract for pretty much anything if it doesn't violate any local, state or federal laws.


True, but most states do have laws about what landlords may do in respect of residential leases. Some more onerous than others.

Posted by USMEagles
Member since Jan 2018
11811 posts
Posted on 12/16/20 at 7:20 am to
quote:

My lease contracts are like 30 pages, line itemed and single spaced on legal paper.


A couple of people have said things like this. I don't think you can necessarily have people opt out of eviction laws. That would make an unenforceable contract. Maybe this is OK in FL or TX and a few other less consumer-friendly states (maybe), but I don't think it'd stand up to a challenge in most places.
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/16/20 at 7:20 am to
quote:


Poor decisions should come with consequences


And as we create a society with fewer and fewer consequences for poor decisions we are going to get more and more poor decisions.
Posted by Mo Jeaux
Member since Aug 2008
62615 posts
Posted on 12/16/20 at 7:21 am to
quote:

In any other business, once a contract is broken, it is broken.


But not necessarily terminated.
Posted by Mo Jeaux
Member since Aug 2008
62615 posts
Posted on 12/16/20 at 7:23 am to
quote:

I don't think you can necessarily have people opt out of eviction laws.


Right.
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/16/20 at 7:24 am to
quote:

Unless her failure to pay automatically terminated the contract, that's not true


Agree but I'm assuming that's the case. As a landlord you should have as many outs as possible in your lease agreements. Nobody forces the tenant to sign on the dotted line.

quote:


True, but most states do have laws about what landlords may do in respect of residential leases. Some more onerous than others


That's exactly what I just said. That's why I said I'm thankful to live in Louisiana. Our state laws say very little in regards to leasing real property. Louisiana has pretty strong private property rights so what little laws there are are decidedly pro landlord. Although, I'm sure you have to deal with outrageous municipal ordinances in places like Baton Rouge and New Orleans.
Posted by Hangit
The Green Swamp
Member since Aug 2014
45546 posts
Posted on 12/16/20 at 7:26 am to
quote:

True, but most states do have laws about what landlords may do in respect of residential leases. Some more onerous than others.


The state should NEVER have the ability to force an individual to pay welfare to another individual. They do not force Albertson's to give you groceries. They do not force Exxon to give you gas. They do not force your weed dealer to give you a free sack.

They don't need to be in the business of knighting for people that break their word at the expense of others who didn't.
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/16/20 at 7:26 am to
quote:

A couple of people have said things like this. I don't think you can necessarily have people opt out of eviction laws. That would make an unenforceable contract. Maybe this is OK in FL or TX and a few other less consumer-friendly states (maybe), but I don't think it'd stand up to a challenge in most places


Again, I stated that specifically. And again, I'm glad I live in a state that has very little to say about it, leaving two parties free to agree to whatever terms they see fit without the government interfering and deciding what's best for consumers. It's really the way it should be. Caveat emptor.
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6832 posts
Posted on 12/16/20 at 7:26 am to
It sucks but it also sucks for the landlord if they lose the property from not paying the mortgage.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69576 posts
Posted on 12/16/20 at 7:27 am to
quote:

I’d donate to fix those teeth


mind the gap
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
38977 posts
Posted on 12/16/20 at 7:29 am to
This is exactly what should happen. The problem with the reaction is it shouldnt create a reaction where people are upset at the landlord, they should be upset at people making decisions that caused this problem. This is what's wrong with the world today, they're misguided in their anger. Instead of shitting on the guy who is dealing with a tenant that can't pay, let's get mad at the people who took the tenants ability to pay.
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/16/20 at 7:31 am to
quote:

It sucks but it also sucks for the landlord if they lose the property from not paying the mortgage



I think this is one of the reasons why landlord tenant disputes are so common and heated. Youre dealing with two diametrically opposed minds and experiences, in most cases.

People who rent tend to be people who have never owned homes or businesses. They don't understand the carrying costs involved and think landlords just kick their feet up and collect a paycheck like trust fund babies.

On the flip side, some landlords are assholes and have forgotten what it's like to be poor and or struggle, assuming they were ever poor to begin with and most people would be surprised to learn how many landlords came from nothing.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
133654 posts
Posted on 12/16/20 at 7:38 am to
quote:

most people would be surprised to learn how many landlords came from nothing.


Part of coming from nothing is you get tired of being poor, and sacrifice and save and deny yourself the creature comforts these renters often avail themselves to in order to be able to actually own something and grow a business.

People who are poor and stay poor usually do so for a reason.
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/16/20 at 7:41 am to
Couldn't agree more and that's myself and my wife, exactly. That's certainly not the case for all landlords but for pretty much every landlord I know, it is. Most developed such a distaste for living without that they decided they would live without as long as it takes to never have to live without again. Can best be summed up, "short-term pain for long-term gain".



This post was edited on 12/16/20 at 7:43 am
Posted by fr33manator
Baton Rouge
Member since Oct 2010
133654 posts
Posted on 12/16/20 at 7:47 am to
quote:

"short-term pain for long-term gain".


Fast now, feast later
Posted by Hangit
The Green Swamp
Member since Aug 2014
45546 posts
Posted on 12/16/20 at 8:00 am to
I drive a 15 year old truck. Everything I own is paid for. I have an 835 Beacon score. I worked extra jobs to pay my mortgage off. My Disney stock has broken their record highs aboot 6 times in the last month.

We are where we are because of hard work. I saw where Mr. Clean stocked groceries when Covid started and he lost his job. I respect that. There are jobs to be had. They may be shitty jobs, but at least you can keep your dignity and front door.

Step up and get some.
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