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Loophole in eviction moratorium lets landlords evict tenants

By zzyzzx follow zzyzzx   2021 Mar 4, 9:20am 483 views   24 comments   watch   nsfw   quote   share    


https://www.3newsnow.com/news/coronavirus/omaha-landlord-exploits-loophole-in-cdc-eviction-moratorium

OMAHA, Neb. (KMTV) — While the federal government has continued to put a ban on evictions during the pandemic, there’s at least one loophole that is allowing landlords to evict some of their tenants, and it’s happening right here in Omaha.

Their landlord, Bill Stanek, used a loophole in the CDC’s eviction moratorium, something that was supposed to protect Williams and her boyfriend, Daniel Christian, after they lost their jobs due to the pandemic.

“We thought we were good and then we got another letter to appear in court,” Christian said. “He wasn’t asking for restitution and saying we were behind, he just terminated our lease and evicted us.”

Instead of evicting a tenant because of unpaid rent—which is not allowed—Stanek is removing renters because their leases were up and he decided not to renew them.

“It was sad to see him do that to people,” Williams said. “He got away with it and there was nobody to help.”

This exact scenario didn’t just happen to Williams and her family.

According to Scott Mertz, an attorney at Legal Aid of Nebraska, Stanek did the same thing—on the same day—to four of his tenants.

“It’s very common,” Mertz said. “We know this because of the numbers. There was a big dip in the evictions filed at the start of the CDC’s memorandum back in September and then in October, but the number of filings have crept up and up every successive month as more and more individuals are being sued for reasons not related to non-payment of rent.”

Mertz says although this loophole is legal. He’s found there is a correlation between those that still owe rent and those that are getting eviction notices.

“A lot of people are currently employed we find when coming to us, but they did have some kind of interruption into their income earlier on,” Mertz said. “They’ve just been playing catch up and may have been behind and that’s a very common experience many are having.”

Williams and Christian fall into that category. They are trying to save money to pay late bills after being in and out of work throughout the pandemic.

“Nothing has changed,” William said. “He (Stanek) just get to go around the memorandum and put us all out. I just did all this stuff from September to now with housing and I still don’t have nowhere to stay.”
1   HeadSet   ignore (2)   2021 Mar 4, 9:59am     ↓ dislike (0)   quote   flag      

Exactly what mentality is it that thinks it is an unfair loophole for a landlord not to renew a lease? When the lease expires, either tenant or landlord can choose not to renew. It is bad enough a tenant gets to live rent free for the duration of the lease anyway.

How about a law that says because of Covid, a tenant must continue paying rent after they move out? After all, cannot burden the landlord with a Covid caused vacancy.

“A lot of people are currently employed we find when coming to us, but they did have some kind of interruption into their income earlier on,” Mertz said. “They’ve just been playing catch up and may have been behind "

Yeah, "may" have been behind. More likely these employed folks are opportunists who think they are entitled to live at someone else's expense.
2   Ceffer   ignore (6)   2021 Mar 4, 10:24am     ↓ dislike (0)   quote   flag      

The lady that does my hair rents a space in a multi-space cosmetology building. She said the owners were getting a divorce, and the building was in contention. The building was in limbo. A lot of the cosmetologists pay their rent with a credit card. When they found out the owners were in trouble, they stopped paying their rent but still used the building. This went on for some months.

As I learned in my business, honor is not the strong suit of a high percentage of the human race.

When I had my business before, i always wondered why the utilities were high. I also wondered why I always saw the guy in the front suite, an insurance salesman, always checking the electrical box. When he moved out, somebody else renovated his suite and my utilities dropped to 40 percent of what they were before. Apparently, when they originally subdivided the suites, the electricity was combined for the two suites, and the tenants were supposed to split the bill. That guy up front just never paid his share, because he knew we weren't collecting and he never told us. He ran his air conditioning full blast all the time on my dime. The renovation separated the utilities for the two suites.

I always thought that guy was a sleaze. He also sold an employee an insurance policy that never paid out to her when she needed it.
4   mell   ignore (6)   2021 Mar 4, 6:42pm     ↓ dislike (0)   quote   flag      

It's completely unconstitutional to impose evictions moratoriums.
5   zzyzzx   ignore (2)   2021 Mar 5, 6:01am     ↓ dislike (0)   quote   flag      

Eviction aftermath video:
https://www.youtube.com/watch?v=7GCZJO_FKfM

Worth it just for the comments.
6   FuckCCP89   ignore (5)   2021 Mar 5, 9:53am     ↓ dislike (0)   quote   flag      

mell says
It's completely unconstitutional to impose evictions moratoriums.


Yep, it's basically government making you to house some deadbeats on your property. WTF? You want them housed - bring out these FEMA trailers I've paid for with my fucking taxes. Army has plenty of tents too.
7   HunterTits   ignore (4)   2021 Mar 6, 6:33am     ↓ dislike (0)   quote   flag      

zzyzzx says
there is a correlation between those that still owe rent and those that are getting eviction notices.



Noooooooo shit! I am shocked!
8   FuckCCP89   ignore (5)   2021 Mar 6, 8:52am     ↓ dislike (0)   quote   flag      

HunterTits says
zzyzzx says
there is a correlation between those that still owe rent and those that are getting eviction notices.



Noooooooo shit! I am shocked!


It's science, man.
9   Booger   ignore (6)   2021 Mar 20, 4:34pm     ↓ dislike (0)   quote   flag      

https://www.washingtonexaminer.com/news/california-couple-buys-dream-home-can't-move-in-eviction-moratorium

Couple buys $560,000 dream home, but seller refuses to leave due to coronavirus eviction moratorium loophole

A California couple who purchased a home in cash a year ago has been unable to move in due to a coronavirus eviction moratorium loophole in the state.

Tracie and Myles Albert bought their four-bedroom Riverside, California, dream home in cash for $560,000 last year, but the previous owner has refused to move out despite having the money in his account, according to Fox 11 Los Angeles.
10   mell   ignore (6)   2021 Mar 20, 4:46pm     ↓ dislike (0)   quote   flag      

Booger says
https://www.washingtonexaminer.com/news/california-couple-buys-dream-home-can't-move-in-eviction-moratorium

Couple buys $560,000 dream home, but seller refuses to leave due to coronavirus eviction moratorium loophole

A California couple who purchased a home in cash a year ago has been unable to move in due to a coronavirus eviction moratorium loophole in the state.

Tracie and Myles Albert bought their four-bedroom Riverside, California, dream home in cash for $560,000 last year, but the previous owner has refused to move out despite having the money in his account, according to Fox 11 Los Angeles.


Never buy a home that isn't vacated or better already staged. Ever. And never ever pay cash unless they hand you the keys right away.
11   HunterTits   ignore (4)   2021 Mar 20, 4:57pm     ↓ dislike (0)   quote   flag      

Booger says
A California couple who purchased a home in cash a year ago has been unable to move in due to a coronavirus eviction moratorium loophole in the state.

Tracie and Myles Albert bought their four-bedroom Riverside, California, dream home in cash for $560,000 last year, but the previous owner has refused to move out despite having the money in his account, according to Fox 11 Los Angeles.


Property rights in Blue states are only slightly better than those of Communist states.
12   mell   ignore (6)   2021 Mar 20, 5:05pm     ↓ dislike (0)   quote   flag      

HunterTits says
Booger says
A California couple who purchased a home in cash a year ago has been unable to move in due to a coronavirus eviction moratorium loophole in the state.

Tracie and Myles Albert bought their four-bedroom Riverside, California, dream home in cash for $560,000 last year, but the previous owner has refused to move out despite having the money in his account, according to Fox 11 Los Angeles.


Property rights in Blue states are only slightly better than those of Communist states.


Well they paid all cash and if the owner never moved out there's a fat chance it was sight unseen or just after a brief visit. Never ever pay cash (except for down-payment) until you have the keys in your hand, i.e. close of escrow (like with any other asset). You can usually take all your money back until escrow is closed. And you can usually pay off the principal faster without any interest penalties anyways. This shouldn't have happened if they hadn't paid cash upfront - another realtard scam - and that stupid eviction moratorium. Perfect storm. Otherwise the laws, even in CA, are mostly on your side.
13   HunterTits   ignore (4)   2021 Mar 20, 5:07pm     ↓ dislike (0)   quote   flag      

mell says
Well they paid all cash and if the owner never moved out there's a fat chance it was sight unseen or just after a brief visit. Never ever pay cash (except for down-payment) until you have the keys in your hand, i.e. close of escrow (like with any other asset). You can usually pay off the principal faster without any interest penalties anyways. This shouldn't have happened if they hadn't paid cash upfront - another realtard scam - and that stupid eviction moratorium. Perfect storm. Otherwise the laws, even in CA, are mostly on your side


One can make it a provision in the contract that the escrow officer is not to release the funds to the seller until the seller has vacated the property. To define 'vacated' status a sworn affadavit would do. That way you can evict them as they you would have proof he was no longer a tenant legally, but a trespasser.
14   mell   ignore (6)   2021 Mar 20, 5:13pm     ↓ dislike (0)   quote   flag      

HunterTits says
mell says
Well they paid all cash and if the owner never moved out there's a fat chance it was sight unseen or just after a brief visit. Never ever pay cash (except for down-payment) until you have the keys in your hand, i.e. close of escrow (like with any other asset). You can usually pay off the principal faster without any interest penalties anyways. This shouldn't have happened if they hadn't paid cash upfront - another realtard scam - and that stupid eviction moratorium. Perfect storm. Otherwise the laws, even in CA, are mostly on your side


One can make it a provision in the contract that the escrow officer is not to release the funds to the seller until the seller has vacated the property. To define 'vacated' status a sworn affadavit would do. That way you can evict them as they you would have proof he was no longer a tenant legally, but a trespasser.


Right. It's the RE agents and the whole industry that use the scarcity of homes esp. in CA to have buyers drop all kinds of contingencies. You can shorten inspections and drop the loan contingency if your loan is fully approved (not pre-approved which means nothing), but you never waive the appraisal contingency and you never pay cash. And you tighten the escrow contract with those provisions when necessary. There's a reason all these safeguards, checks and balances are there. But RE is an emotional affair and agents and sellers prey on that.
15   HunterTits   ignore (4)   2021 Mar 20, 5:17pm     ↓ dislike (0)   quote   flag      

mell says
And you tighten the escrow contract with those provisions when necessary. There's a reason all these safeguards, checks and balances are there


Which means, "Why didn't the Realtard or the R/E lawyer who wrote that contract not do so?"

Seems to me they might have a case against the Realtard firm.
16   Misc   ignore (0)   2021 Mar 21, 1:19am     ↓ dislike (0)   quote   flag      

Wait till they find out the former owner has taken out a new lien against the property.
17   theoakman   ignore (0)   2021 Mar 21, 7:32am     ↓ dislike (0)   quote   flag      

All of these people who "lost" their jobs are on cloud 9, taking in more money via unemployment than they ever did. I drive through NJ and PA and my daughter who is 6 years old notices all the "Help Wanted" or "Now Hiring" signs now that she's learned how to read. These people are the laziest leeches on the face of the planet. My brother got furloughed as a truck driver and he's collecting unemployment and working 3 jobs under the table now...He's tripled his take home pay.
18   mell   ignore (6)   2021 Mar 21, 8:32am     ↓ dislike (0)   quote   flag      

theoakman says
All of these people who "lost" their jobs are on cloud 9, taking in more money via unemployment than they ever did. I drive through NJ and PA and my daughter who is 6 years old notices all the "Help Wanted" or "Now Hiring" signs now that she's learned how to read. These people are the laziest leeches on the face of the planet. My brother got furloughed as a truck driver and he's collecting unemployment and working 3 jobs under the table now...He's tripled his take home pay.


Yep lot of that going on, many teachers getting full pay from the taxpayer while teaching/babysitting kids of desperate on the side, more than doubling their net pay for half the hours.
19   HeadSet   ignore (2)   2021 Mar 21, 8:36am     ↓ dislike (0)   quote   flag      

HunterTits says
mell says
And you tighten the escrow contract with those provisions when necessary. There's a reason all these safeguards, checks and balances are there


Which means, "Why didn't the Realtard or the R/E lawyer who wrote that contract not do so?"

Seems to me they might have a case against the Realtard firm.

No. All a realtor does is find a buyer, period. Realtor or not, you need a title company or a lawyer at closing. The lawyer decides when the check is released. They definitely should file a malpractice claim against the closing attorney or the title company.
20   HunterTits   ignore (4)   2021 Mar 21, 10:11am     ↓ dislike (0)   quote   flag      

theoakman says
My brother got furloughed as a truck driver and he's collecting unemployment and working 3 jobs under the table now...He's tripled his take home pay.


Guess that kinda proves that UBI works...or that the cost to formally employ someone is too high for both the employer as well as the employee is.

Take your pick.
21   zzyzzx   ignore (2)   2021 May 4, 8:42am     ↓ dislike (0)   quote   flag      

Virtual Court appearances allow evictions:
https://www.youtube.com/watch?v=iPvkGZq-A_M
22   Tenpoundbass   ignore (16)   2021 May 4, 9:49am     ↓ dislike (0)   quote   flag      

Trump is gone, and the use for the useful idiots is gone. There will be more loopholes than you can thread a rope though.
24   Eric Holder   ignore (0)   2021 May 6, 12:34pm     ↓ dislike (0)   quote   flag      

zzyzzx says
CDC Eviction Moratorium Struck Down

https://www.youtube.com/watch?v=J4A3iCJqvfc


Nooooooooo!

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