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Updated over 4 years ago, 06/07/2020

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Michael Lamando
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Massachusetts Eviction Moratorium Lawsuit

Michael Lamando
Posted

Here is a link to the lawsuit article:

https://bostonagentmagazine.com/2020/05/29/lawsuit-challenges-statewide-eviction-foreclosure-moratorium/


Thank God.

The blanket moratorium without care and detail leaves landlords holding the bag and provides no checks and balances for tenants to abuse and lie about their situations.

I think that the total lack of care, accountability and specifics when creating the eviction moratorium is gross negligence regardless of the state of the emergency. They could have at least gone back into session after the initial passage, and refined the terms of the moratorium and amended it.

For example, the tenant should be required to notify the government of their previous salary before they were laid off, and their new income under the unemployment benefits, and also the name/address of their landlord. 

The government should then analyze this, and notify the landlord of the income increase or decrease. Things should be discoverable out in the open and this will prevent abuse and deceit of tenants to their landlord.

Only the tenants that have truly suffered income loss should be protected under the eviction moratorium, and furthermore if the government really cared they should provide direct rent assistance to the tenant by paying the missing income amount to the landlord directly for the rent until the emergency is lifted and the tenant has found employment.

I think the government has no leg to stand on other than to say they were acting out of emergency. 

Just my opinion...

Here is a link to the docket:
https://www.ma-appellatecourts.org/docket/SJ-2020-0442







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Joe Splitrock
Pro Member
  • Rental Property Investor
  • Sioux Falls, SD
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Joe Splitrock
Pro Member
  • Rental Property Investor
  • Sioux Falls, SD
ModeratorReplied
Originally posted by @James Hamling:

While we have variance in things there seems to be universal agreeance that we need address of our grievances, across the nation in every state, county and city. 

We need class action lawsuits, in every of the 50 states. We need some kind of Landlords Union, it's the only way we will get it done and have the protections we need. It is looooong overdue. I am not a big union person but fact is going it alone isn't working out to well, we were the sacrificial lambs without even a second thought, they didn't even attempt to put any care or thought into the moratoriums for our side and abuse of such. I would gladly pay a monthly due for such a group, hiring a legion of lawyers and lobbyists to get stuff done in our favor for once. 

If they had 1 ounce of respect for landlords, they would have made a moratorium option for the eviction courts, made it a tool judges could use if the conditions of the case meet such, pow, done and easy. No, instead across the board they bound our hands for an undetermined time, one still not known or on the horizon anywhere. And clearly people are a-ok to protest in mass, no idea why it's too "dangerous" to be evicted due to covid but gather in thousands is fine. 

So hope others jump on the lawsuits, we need it in mass. 

 We don't need class action in all 50 states, because not all states participated in this insanity. In fact my governor stated an eviction ban would be unconstitutional and would not be considered. 

As far as banning together (I agree), but ever state has one or more landlord associations. Join those groups and support the local efforts. Landlord tenant laws are state and local. 

  • Joe Splitrock
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    Michael Lamando
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    Michael Lamando
    Replied

    @Aleejandro Dela Vega

    Thanks for the info. I hope this happens in Massachusetts. I have 11 out of 12 tenants paying fine. The 12 two female roommates always late are telling me they have the money but one is claiming she is waiting for a debit card in the mail 2 weeks now, and the other is afraid to pay until the first one pays. They owe $5327 and they are making more money than they ever had. One is collecting unemployment plus 600 per week and working under the table for her boss, and bought a car. Its just criminal that the government overcompensates with stimulus to these people, and then lets them live free for 6 months. Just criminal to have no checks and balances. Landlords should have the right to have a judge hear the evidence of every tenant on a case by case basis to see which ones are really suffering from the pandemic and which aren't. 

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    Salman V.
    • Developer
    • Chicago, IL
    20
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    Salman V.
    • Developer
    • Chicago, IL
    Replied
    Originally posted by @Joe Splitrock:
    Originally posted by @James Hamling:

    While we have variance in things there seems to be universal agreeance that we need address of our grievances, across the nation in every state, county and city. 

    We need class action lawsuits, in every of the 50 states. We need some kind of Landlords Union, it's the only way we will get it done and have the protections we need. It is looooong overdue. I am not a big union person but fact is going it alone isn't working out to well, we were the sacrificial lambs without even a second thought, they didn't even attempt to put any care or thought into the moratoriums for our side and abuse of such. I would gladly pay a monthly due for such a group, hiring a legion of lawyers and lobbyists to get stuff done in our favor for once. 

    If they had 1 ounce of respect for landlords, they would have made a moratorium option for the eviction courts, made it a tool judges could use if the conditions of the case meet such, pow, done and easy. No, instead across the board they bound our hands for an undetermined time, one still not known or on the horizon anywhere. And clearly people are a-ok to protest in mass, no idea why it's too "dangerous" to be evicted due to covid but gather in thousands is fine. 

    So hope others jump on the lawsuits, we need it in mass. 

     We don't need class action in all 50 states, because not all states participated in this insanity. In fact my governor stated an eviction ban would be unconstitutional and would not be considered. 

    As far as banning together (I agree), but ever state has one or more landlord associations. Join those groups and support the local efforts. Landlord tenant laws are state and local. 

     Illinois is also insane and I have the same problem as many others. Sleezy tenants taking advantage of a situation when they are making lots of money but because enforcement isn't there they are not paying rent. Almost everything is open now in IL.

    I reached out to the largest real estate lawfirm in IL here (KSN Law) and asked about filing suit against the state for failing to protect property rights. Any other IL landlords want to join me in this lawsuit?

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    Aleejandro Dela Vega
    • Investor
    • Las Vegas, NV
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    Aleejandro Dela Vega
    • Investor
    • Las Vegas, NV
    Replied

    @Michael Lamando

    It’s really unbelievable. I spoke to an attorney, here in Las Vegas, and he agreed 100% that this is a taking by the government. The problem with doing a lawsuit, is that it would more likely get a lot of attention and your name might be mentioned in whatever article.

    What we really need is a landlord Association or an advocacy group that represents us. Personally I would gladly pay a fee to be part of such a thing. The million dollar question is, how is one started...

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    James Hamling
    Agent
    #1 Real Estate Agent Contributor
    • Real Estate Broker
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    James Hamling
    Agent
    #1 Real Estate Agent Contributor
    • Real Estate Broker
    • Minneapolis, MN
    Replied
    Originally posted by @Joe Splitrock:
    Originally posted by @James Hamling:

    While we have variance in things there seems to be universal agreeance that we need address of our grievances, across the nation in every state, county and city. 

    We need class action lawsuits, in every of the 50 states. We need some kind of Landlords Union, it's the only way we will get it done and have the protections we need. It is looooong overdue. I am not a big union person but fact is going it alone isn't working out to well, we were the sacrificial lambs without even a second thought, they didn't even attempt to put any care or thought into the moratoriums for our side and abuse of such. I would gladly pay a monthly due for such a group, hiring a legion of lawyers and lobbyists to get stuff done in our favor for once. 

    If they had 1 ounce of respect for landlords, they would have made a moratorium option for the eviction courts, made it a tool judges could use if the conditions of the case meet such, pow, done and easy. No, instead across the board they bound our hands for an undetermined time, one still not known or on the horizon anywhere. And clearly people are a-ok to protest in mass, no idea why it's too "dangerous" to be evicted due to covid but gather in thousands is fine. 

    So hope others jump on the lawsuits, we need it in mass. 

     We don't need class action in all 50 states, because not all states participated in this insanity. In fact my governor stated an eviction ban would be unconstitutional and would not be considered. 

    As far as banning together (I agree), but ever state has one or more landlord associations. Join those groups and support the local efforts. Landlord tenant laws are state and local. 

     I am aware of some of the landlord associations, but that's the problem, I am aware of them and I don't see any results from them existing. I truly believe it needs to be a national level entity, with state branches, active on all fronts. I am not saying the existing ones are bad or doing nothing, I am just being aware to the results and facts as they are, the deck is stacked against us and seems to be getting ever worse and it makes no sense what so ever. 

    This entire event should serve as a wake-up call for all of us that we can not trust our governance (speaking in generality)(what SD did is AMAZING! but in a way really sad that someone doing what all should have is something special, should be expected). We need to do something, to protect against the next something, peace through power. 

    • James Hamling
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    The REI REALTOR®
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    Replied

    Wish there was a lawsuit against jay Inslee he extended it till august . My question is and still has not been answered is “ if you have two consenting parties landlord -tenant enter into a written legal binding contract how can the Governor say your contracts are no good for the time being?”

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    Joe Splitrock
    Pro Member
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    Joe Splitrock
    Pro Member
    • Rental Property Investor
    • Sioux Falls, SD
    ModeratorReplied
    Originally posted by @James Hamling:
    Originally posted by @Joe Splitrock:
    Originally posted by @James Hamling:

    While we have variance in things there seems to be universal agreeance that we need address of our grievances, across the nation in every state, county and city. 

    We need class action lawsuits, in every of the 50 states. We need some kind of Landlords Union, it's the only way we will get it done and have the protections we need. It is looooong overdue. I am not a big union person but fact is going it alone isn't working out to well, we were the sacrificial lambs without even a second thought, they didn't even attempt to put any care or thought into the moratoriums for our side and abuse of such. I would gladly pay a monthly due for such a group, hiring a legion of lawyers and lobbyists to get stuff done in our favor for once. 

    If they had 1 ounce of respect for landlords, they would have made a moratorium option for the eviction courts, made it a tool judges could use if the conditions of the case meet such, pow, done and easy. No, instead across the board they bound our hands for an undetermined time, one still not known or on the horizon anywhere. And clearly people are a-ok to protest in mass, no idea why it's too "dangerous" to be evicted due to covid but gather in thousands is fine. 

    So hope others jump on the lawsuits, we need it in mass. 

     We don't need class action in all 50 states, because not all states participated in this insanity. In fact my governor stated an eviction ban would be unconstitutional and would not be considered. 

    As far as banning together (I agree), but ever state has one or more landlord associations. Join those groups and support the local efforts. Landlord tenant laws are state and local. 

     I am aware of some of the landlord associations, but that's the problem, I am aware of them and I don't see any results from them existing. I truly believe it needs to be a national level entity, with state branches, active on all fronts. I am not saying the existing ones are bad or doing nothing, I am just being aware to the results and facts as they are, the deck is stacked against us and seems to be getting ever worse and it makes no sense what so ever. 

    This entire event should serve as a wake-up call for all of us that we can not trust our governance (speaking in generality)(what SD did is AMAZING! but in a way really sad that someone doing what all should have is something special, should be expected). We need to do something, to protect against the next something, peace through power. 

     You say you are aware of these groups but, don't see any results. I am sure that is true in some cases, but to be fair, why are you expecting someone else to do the heavy lifting? Why don't you join the organization, support with your money and more importantly your time. These groups are desperate for volunteers, committee chairs and board members. You can bring your good ideas and make a difference. Usually you can go to a couple meetings for free. Why not show before passing judgment?

    My state multifamily association is strong. We just successfully lobbied to improve eviction laws, which were already some of the best (and fair) in the country. On a national level, my group supports NAR, which is well known and respected national group. They have large membership and lobby at a federal level. Most every large apartment operator belongs to these state and national groups. They are not just lobbying groups. That is a small piece of what they do. Their main mission is education and networking. I think the gap here is "mom and pop" landlords more than larger operators.

    I agree we need to ban together, I am just asking you to join the movement rather than try to create some new one.

  • Joe Splitrock
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    Casey Powers
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    Casey Powers
    • Las Vegas, NV
    Replied
    Originally posted by @Michael Lamando:

    @Aleejandro Dela Vega

    Landlords should have the right to have a judge hear the evidence of every tenant on a case by case basis to see which ones are really suffering from the pandemic and which aren't. 

    That sounds good but in practice, would most likely be a nightmare to implement. It would back up the courts like crazy, and would be difficult at best for judges to handle that case by case. They would have to come up with a systematic way for tenants to show proof of hardship, or it would basically be guesswork. 

    I’m thinking these eviction moratoriums are more about not overwhelming the local courts, in addition to not adding mass evictions to the rest of the pandemic pain in communities. People started protesting and open carrying guns all around because they wanted to get haircuts and go out to eat; imagine the civil unrest if we had added mass evictions to the mix, when people were laid off through no fault of their own and couldn’t get their unemployment money for too long.

    What would be more useful is specific rental payment assistance, which could be initiated by landlords as well as tenants, so that folks could at least get the rent paid to prevent futher losses.

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    Wesley W.
    • Rental Property Investor
    • The Vampire State
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    Wesley W.
    • Rental Property Investor
    • The Vampire State
    Replied
    Originally posted by @Casey Powers:

    I’m thinking these eviction moratoriums are more about not overwhelming the local courts, in addition to not adding mass evictions to the rest of the pandemic pain in communities. People started protesting and open carrying guns all around because they wanted to get haircuts and go out to eat; imagine the civil unrest if we had added mass evictions to the mix, when people were laid off through no fault of their own and couldn’t get their unemployment money for too long.

    What do you think will happen when the eviction moratorium is lifted?  These people will owe (more) money to the property owners, whom during this entire time provided a contractually-bound service that these tenants availed themselves of.  Do you think they will suddenly catch back up on their rent payments?  These people will still be evicted if their landlords expect to stay in business.

    The courts will be overwhelmed then just as they would have been without the moratorium.  This is just "kicking the can down the road", a popular strategy of elected officials.  No real solution, but throwing (someone else's) money at it to placate the largest demographic in their constituents.

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    Michael Lamando
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    Michael Lamando
    Replied

    @Casey Powers

    I agree. I think the simple solution to help the tenants is instead of giving them all the money directly they should have figured out to direct some directly to the landlord if the intent is to prevent evictions. Say 30% of it.

    User Stats

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    Casey Powers
    • Las Vegas, NV
    474
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    Casey Powers
    • Las Vegas, NV
    Replied
    Originally posted by @Wesley W.:
    Originally posted by @Casey Powers:

    I’m thinking these eviction moratoriums are more about not overwhelming the local courts, in addition to not adding mass evictions to the rest of the pandemic pain in communities. People started protesting and open carrying guns all around because they wanted to get haircuts and go out to eat; imagine the civil unrest if we had added mass evictions to the mix, when people were laid off through no fault of their own and couldn’t get their unemployment money for too long.

    What do you think will happen when the eviction moratorium is lifted?  These people will owe (more) money to the property owners, whom during this entire time provided a contractually-bound service that these tenants availed themselves of.  Do you think they will suddenly catch back up on their rent payments?  These people will still be evicted if their landlords expect to stay in business.

    The courts will be overwhelmed then just as they would have been without the moratorium.  This is just "kicking the can down the road", a popular strategy of elected officials.  No real solution, but throwing (someone else's) money at it to placate the largest demographic in their constituents.

    Notice I wasn’t advocating for it, only pointing out that having mass evictions during the shutdowns was obviously going to make everything much worse, so they put the kibosh on that until other things could be done. You just can’t have thousands of people evicted during a global shutdown and not expect some serious blowback. The moratoriums were clearly more about immediate damage control.

    Obviously rents need to be paid and landlords should get relief for their lost revenue. I *do* support NARPM’s lobbying for specific rental payment assistance because that’s needed. As a NARPM member I have officially sent in my support for that.

    I agree that if more isn’t done, then we will inevitably see a lot of evictions and that won’t be good. The “leaders” need to get on it asap or we will have a huge problem. 

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    Casey Powers
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    Casey Powers
    • Las Vegas, NV
    Replied
    Originally posted by @Michael Lamando:

    @Casey Powers

    I agree. I think the simple solution to help the tenants is instead of giving them all the money directly they should have figured out to direct some directly to the landlord if the intent is to prevent evictions. Say 30% of it.

    I could get behind an allowance for landlords to file a claim on their tenants’ benefit payments to get their rent money, for example. Housing is important enough to justify it IMO.

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