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Loophole in eviction moratorium lets landlords evict tenants


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2021 Mar 4, 9:20am   8,376 views  48 comments

by zzyzzx   ➕follow (9)   💰tip   ignore  

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.”

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9   mell   2021 Mar 20, 4:46pm  

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.
10   mell   2021 Mar 20, 5:05pm  

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.
11   mell   2021 Mar 20, 5:13pm  

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.
12   Misc   2021 Mar 21, 1:19am  

Wait till they find out the former owner has taken out a new lien against the property.
13   theoakman   2021 Mar 21, 7:32am  

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.
14   mell   2021 Mar 21, 8:32am  

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.
15   HeadSet   2021 Mar 21, 8:36am  

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.
16   zzyzzx   2021 May 4, 8:42am  

Virtual Court appearances allow evictions:
https://www.youtube.com/watch?v=iPvkGZq-A_M
17   Tenpoundbass   2021 May 4, 9:49am  

Trump is gone, and the use for the useful idiots is gone. There will be more loopholes than you can thread a rope though.
18   zzyzzx   2021 May 6, 10:58am  

CDC Eviction Moratorium Struck Down

https://www.youtube.com/watch?v=J4A3iCJqvfc
19   Eric Holder   2021 May 6, 12:34pm  

zzyzzx says
CDC Eviction Moratorium Struck Down

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


Nooooooooo!
20   Misc   2021 May 7, 4:39am  

Somebody's gotta remind me what used to be the biggest class action lawsuit in history?

Oh, was that the tobacco thingy where all the States ganged up on a corrupt industry?

The shear amounts of rent that was not paid dwarfs that one. Holy fucktards, good thing the taxpayers have deep pockets to cover all these loses that didn't need to occur to those poor landlords. Do the lawyers really get a third of that?

Do I sense the first trillion dollar lawsuit?
21   Patrick   2021 May 7, 7:48pm  

HunterTits says
Misc says
Do I sense the first trillion dollar lawsuit?


Filed against whom?


Good use of "whom" as the object there.

We need better grammar on the right, to take away one more stereotype from them.
22   Onvacation   2021 May 8, 4:31pm  

Patrick says
We need better grammar on the right, to take away one more stereotype from them.

Grandma and grandpa used to disagree on grammar.

Grandma was classically educated. She could converse in French, Italian, and Spanish. She could read and write in Latin and Greek. She believed in proper English grammar and would quote the rule that you broke as she was was correcting your speech.

Grandpa was genius. Taught himself practical trigonometry and surveying. He worked as a finish carpenter and was well known for his cabinet work. He made it through 9th grade. His take on grammar was make sure you are understood and fuck the rules.

No wonder they divorced.

Fuck them overeducated grammar nazis (not you Grandma). If they can't understand facts and logic it won't help if you write and speak "properly".

Stereotypes are stereotypes and the racists are always going to judge you on the color of your skin and not the content of your character.
23   zzyzzx   2021 May 17, 6:18am  

Housing Bubble 2.0 - Lenders Prepare For Next Foreclosure Crisis
https://www.youtube.com/watch?v=bBpMraxdrig
24   zzyzzx   2021 May 17, 9:22am  

The Eviction Moratorium is BACK
https://www.youtube.com/watch?v=Vkw4dPBVSlo
26   zzyzzx   2021 Aug 2, 10:36am  

I'm hugely beating my dick over the eviction moratorium lapse. If you didn't give all your stimulus check to pay your rent and assure you were safe, fuck yourself. You got a free ride because of a govt pointing a gun at the heads of land owners.
27   zzyzzx   2021 Aug 3, 11:31am  

According the "The Uneducated Economist" (YouTube channel) Oregon as extended the moratorium until Feb 2022, assuming tenants make payments between now and then.
I somehow doubt that people are going to get evicted in mass in February.
28   RWSGFY   2021 Aug 3, 6:04pm  

Fucking Biden openly acknowledges he has no legal authority to extend the moratorium then turns around and extends it anyway, saying that by the time the SCOTUS rules to stop him he'll waste another $45B.
29   RC2006   2021 Aug 4, 7:06am  

FuckCCP89 says
Fucking Biden openly acknowledges he has no legal authority to extend the moratorium then turns around and extends it anyway, saying that by the time the SCOTUS rules to stop him he'll waste another $45B.


I just watched clip of him saying that. They don't care what is legal or not just game the system to get what you want.
30   RWSGFY   2021 Aug 5, 9:52am  

Some guy on the interwebz:


"It was easy. I put my home into a trust. Lots of people do that its just paper work. Then I had the trust rent me the house. Then I declared a hardship and stopped paying myself rent. Pretty soon I get a federal hand out for back rent, ha ha."


Legit? BS?
31   WookieMan   2021 Aug 5, 10:07am  

FuckCCP89 says
Some guy on the interwebz:


"It was easy. I put my home into a trust. Lots of people do that its just paper work. Then I had the trust rent me the house. Then I declared a hardship and stopped paying myself rent. Pretty soon I get a federal hand out for back rent, ha ha."


Legit? BS?

Illegal. The gov can crack the trust if they investigate. And they actually will. Most certainly if you're white. Not a joke.

Had a neighbor that worked for my wife's company. He quit to work for a business his FIL purchased for him. Collected unemployment while collecting cash for the new business and working (no paycheck). I don't know the details as it's a sensitive subject because it cost his former company money (wife's company), but I think he had to pay it all back and may have been fined a hefty amount to avoid criminal charges.

We've made it a rule that there's no shop talk/work when we get together with family and friends. Totally avoid politics. If we can't enjoy the company of others without that shit, are we really friends? And yes, it does come up, but I avoid it. I find that 80% of people really have no clue what they're talking about on a topic. So I just nod and agree. I'm not gonna change their mind.
32   Booger   2022 Jan 17, 4:24pm  

https://www.dailymail.co.uk/news/article-10405189/Hundreds-thousands-NYC-tenants-face-eviction-states-pandemic-era-moratorium-ends-Saturday.html?source=patrick.net

Hundreds of thousands of NYC tenants face eviction as state's pandemic-era moratorium ended last night: Housing Court has 291,000 pending cases that can begin Tuesday.

ERECTION INTENSIFYING!!!
33   Eman   2022 Jan 17, 6:20pm  

FuckCCP89 says
Some guy on the interwebz:


"It was easy. I put my home into a trust. Lots of people do that its just paper work. Then I had the trust rent me the house. Then I declared a hardship and stopped paying myself rent. Pretty soon I get a federal hand out for back rent, ha ha."


Legit? BS?


Totally illegal.
34   Automan Empire   2022 Jan 17, 7:48pm  

FuckCCP89 says
Some guy on the interwebz:


"It was easy. I put my home into a trust. (snip) Then I declared a hardship and stopped paying myself rent. Pretty soon I get a federal hand out for back rent, ha ha."


Legit? BS?


The system can practically detect this then put together a complete criminal case automatically, ready to print out and hand to the DA's office. In the auto repair biz, corrupt smog techs and shops build up MASSIVE cases against themselves in the smog check system, part of one of the larger actuarial tables and data mining fields in existence among those the government maintains.

The state knows what every make and model tends to average out of the tailpipe at every age, and will spot patterns of implausible numbers, such as the car suddenly producing the exact concentrations of gas found in the calibration gas, steadily through the rest of the test as speed and load conditions vary, or most of the cars tested at the station showing similar emissions curves through each test on a wide sampling of makes and models. That's just for older cars using the dynamometer test. Newer cars tested using the OBDII interface system communicate by a short but specific list of protocols, and the system flags when the protocol doesn't match the vehicle reportedly getting tested. Even newer vehicles pass along the vehicle's e-VIN. It's amazing how many smog shops and technicians lose their state license for several dozen vehicles receiving a passing smog report that doesn't match the communication protocol and/or e-VIN of the vehicle tested, but curiously DOES match the protocol and VIN of an employee's personal vehicle, which is usually conveniently parked right there at the shop when the BAR investigator finally comes a-knocking, or is sometimes found undergoing its 23rd smog check of the month as they discreetly arrive.

So yeah, while California's EDD flushed a LOT of money away forever to people who blatantly didn't qualify and were actively scamming the system, the "Payroll protection" programs came with a LOT of strings attached, a LOT of documenting and pretty sure reporting requirements, and 1001 reasons and methods to trip you up and disqualify you for the "grant" which is now a loan due and payable. My accountant was pushing me HARD to take one of these loans before the Dec31 deadline. "You can always pay it back early if you don't use the money." This will probably strain our 22 year relationship moving forward. Bottom line, these PPP grant/loan things appear to be a "long game" that the State is playing for keeps. I'd like to see some of the prominent often politically connected bigwigs who got stupidly outsized amounts of grant money pay the state back their ill gotten gains.
36   Tenpoundbass   2022 Jan 27, 8:53am  

zzyzzx says
Los Angeles Extends Eviction Moratorium To 2023!!!


I wonder how all of those investors that dove headfirst into the Single Family home investments to rent out, are making out?
37   Tenpoundbass   2022 Jan 27, 9:04am  

HunterTits says
This will force them to sell out to Blackrock, etc.


That's why everyone write in Tenpoundbass on the 2024 Presidential election. I will impose an annual 10% Federal Property Tax on all non private Single Family Home Properties.
You can have two, but you must be able to prove you split your living between the two, and you never rent it out when you're not at one or the other.

If you want to be a landlord then do it right and have a multi Family unit built, or buy one. Single Family Homes are the nucleolus of the American Nuclear family, and they must be protected. They have fell under assault by the global commies, because they want to destroy the American Dream, which home ownership is the antithesis of communism.
38   Tenpoundbass   2022 Jan 27, 9:24am  

HunterTits says
W/o apportionment, it would be unconditional.

W/apportionment, it would never pass in Congress. This is why we don't have a federal property tax now.


I would also build ten new Metro areas sprung out of lazy backwater two whore towns, between New York and California. It would add about ten million new homes to the national inventory. Most all meaningful work would be booming at any of these ten towns, as they are being built. And unlike China, I would have a Small Business administration that worked with entrepreneurs to be ready with Jobs and businesses at those towns as they grew. They wouldn't just be Ghost city shells. I saw what Hurricane Andrews did for South Florida, I know this model works I've seen it. Blackwater, Haliburton, and other huge Construction outfits would be blacklisted from having anything to do with it. Though I might let them do the infrastructure going in and out of those towns.

So say you have one or two stubborn RINO's trying to Shit in the punch bowl by not passing my Federal Property Tax on SFH investors. Then then those States where those pesky Congress critters are from, wont be on the short list for a new City and would lose out on that Tax base.

Liberals would be on board, because they have wanted to grow a base in Red States for years, but those States didn't have large cities that Democrat policies demand.
42   WookieMan   2022 Aug 10, 6:51am  

zzyzzx says

Landlord allegedly sets home on fire over tenants not paying rent on time, police say

Why not if you can get away with it? Random fires are massively rare (outside of wildfires). Maybe a gas leak, but even then you'd likely smell it before an explosion. Maybe frying something and using water to try and put out flames.

That's why arson is so easy to detect. Convinced my former boss did it. I had no part in any of it, but had a 3 unit burn. Firefighters injured. Was kind of a mess. Damage wasn't super bad and got $350k above what the building was financed for. He was a shit head.
45   HeadSet   2022 Aug 13, 8:49am  

"Risk Management Fee?" Good. If you do not want that, get rid of laws that prevent eviction of a non-paying tenant.
47   zzyzzx   2023 Mar 30, 11:45am  

https://therealdeal.com/la/2023/03/22/la-county-supervisors-block-renter-protection-extensions/

LA County supervisors block renter protection extensions

Los Angeles County supervisors have voted against measures calling for a rent protection extension and rent control in unincorporated areas.

The Board of Supervisors voted not to support a resolution to extend certain residential tenant protections for one year throughout the county, the Los Angeles Daily News reported.

In a 2-2 vote with one abstention, measures failed to pass that would bar landlords from evicting tenants without just cause as well as protect tenants from eviction who have added extra occupants and/or pets during the coronavirus pandemic.
48   zzyzzx   2023 Sep 13, 10:18am  

https://www.sfgate.com/local/article/berkeley-landlords-throw-evictions-party-18363055.php

Berkeley landlord association throws party to celebrate restarting evictions

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