Landlords Still Cannot Legally Evict Those Who Do Not Pay Rent


Still_Small_Voice
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August 4th 2021 -- By Jen Golotko

Fox News host Laura Ingraham slammed the Biden administration and Democrats for blatantly violating the Constitution by having the Center for Disease Control extend the eviction moratorium, Wednesday night on the "Ingraham Angle."

"This week Joe Biden and his party erased all doubt as to whether they actually respect our Constitution, the Supreme Court’s authority, and the principle of separation of powers. Well, the short answer, they couldn’t care less. President Biden defied a clear directive from the Supreme Court on the question of whether the administration’s COVID eviction moratorium was unconstitutional."

Ingraham accused the president of being so scared of the "Squad" that he was willing to violate the Constitution. Biden even admitted that several constitutional scholars said the move wouldn't pass muster.

"On grounds that ‘several key scholars’ think it could survive constitutional muster. Is that the new standard for Democrats?  Several scholars can actually trump the Supreme Court? Really? I must have missed that in law school."

The Center for Disease Control enacted moratorium will apply to 90% of rental properties in the United States, to which Ingraham said, "This is flagrant lawlessness and it’s brought us to a moment of real peril in this country. All because Democrats, again, are terrified of saying no to the Squad."

Read more at:  https://www.foxnews.com/media/ingraham-democrats-terrified-squad

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From Charles Cooke: the CDC moratorium, which has no constitutional or statutory basis — and which has been rejected by the highest court in the country — isn’t a law. Among those who can safely ignore the moratorium are everyone: landlords, collection agencies, the police, state legislatures, governors, the media — everyone.

There are, of course, an enormous number of laws that Americans do have to follow, but this isn’t among them, because unlike those laws, this isn’t a law. It doesn’t count. It isn’t authentic. It has no force. It’s a dead letter. At best, it’s a wish; at worst it’s theater; but what it is most certainly not is — yes, that’s right — a law (National Review).

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You know, Just_A_Girl and I often toyed with the idea of getting a rental property to augment our income and as a savings vehicle; but after what I’ve seen the last year and a half—not a chance in Hades.  I shudder to think how many small-time landlords have been absolutely ruined by being compelled to keep up mortgage payments on properties that they aren’t allowed to collect money on.

Do you like the housing shortage?  This is how you get more housing shortage.

The really irritating thing is that many will call this a “market failure”, when in fact it’s a “kleptocracy failure”.

Edited by Just_A_Guy
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I feel sorry for land lords that have to deal with people who do not want to pay their rent.  Thank goodness I am not one of them.  If I had tenants that had not paid the rent since September 2020 I believe by now I would have shut off the water and power and took the doors off the properties. 

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NeuroTypical, I hope over fifty million people in America do what was posted in that article.  Americans Must Ignore the New Center for Disease Control eviction rules.  These people have zero authority to issue rules, laws, or regulations on what people do with their privately owned properties for people who do not pay their rent.

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1 hour ago, Still_Small_Voice said:

NeuroTypical, I hope over fifty million people in America do what was posted in that article.  Americans Must Ignore the New Center for Disease Control eviction rules.  These people have zero authority to issue rules, laws, or regulations on what people do with their privately owned properties for people who do not pay their rent.

But governors do have that power, at least according to the state courts. So if, as in Washington, your governor has decreed a moratorium on eviction, you have no recourse.

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I am heavily invested in real estate and have yet to have any problem collecting rent.   However, I have recently received two checks for rent from my renters bishops.  I recently had one of my properties appraised (thinking of selling) and over the last 18 months the value has increased 50%.  I am going to guess that property in NYC has not done as well over the last 18 months.  It is my opinion that @Vort is correct - investing in some states is going to have better returns than others.

Everyone is free to invest as they wish - but I personally would not invest anywhere (state or city) that has strong support for defunding the police, abolishing ICE, open borders, limiting 2nd amendment rights,  catch and release or Black Lives Matter.

 

The Traveler

Edited by Traveler
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44 minutes ago, Traveler said:

I am heavily invested in real estate and have yet to have any problem collecting rent.   However, I have recently received two checks for rent from my renters bishops.  I recently had one of my properties appraised (thinking of selling) and over the last 18 months the value has increased 50%.  I am going to guess that property in NYC has not done as well over the last 18 months.  It is my opinion that @Vort is correct - investing in some states is going to have better returns than others.

Everyone is free to invest as they wish - but I personally would not invest anywhere (state or city) that has strong support for defunding the police, abolishing ICE, open borders, limiting 2nd amendment rights,  catch and release or Black Lives Matter.

 

The Traveler

I know that property values in my part of Texas (two hours north of Austin) are going up significantly as people move in. 

Folks are trying to escape New York & California by going to red states, and it's putting a squeeze on things. 

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About 8 months ago our home was in $550k range, now see it valued at around $700k.
Makes me wish we would have had two homes. One to stay in and one we could be selling right now like @Traveler.
Fact of the matter, even though our house is much higher, no point selling because we would be buying at equally high costs too.
So... we do nothing and watch the frenzy before us. Homes under the $300k mark sell in about 1 day and with multiple offers.

We are a Red state.
Everyone is welcome here, just don't bring your blue state politics with you.

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What I find interesting in the no eviction for renters is that it does not apply for any individuals having difficulty paying their mortgage because of COVID.  It appears to me that the current administration (politicians) in general are protecting big banks and not individual tax payers.  Especially the property tax payers.  As I understand there are ways and means that big banks can (under certain circumstances) forgo taxes on foreclosed properties. 

 

The Traveler

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