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Updated about 4 years ago on . Most recent reply

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Greg Scott
#2 General Real Estate Investing Contributor
  • Rental Property Investor
  • SE Michigan
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Biden Eviction Moratorium

Greg Scott
#2 General Real Estate Investing Contributor
  • Rental Property Investor
  • SE Michigan
Posted

Today Joe Biden outlined his $1.9 trillion stimulus plan. Included was a proposal to enact a federal ban on evictions through September of 2021.

Talking recently with our attorney, he felt eviction moratoriums were illegal and unconstitutional.  A lease is effectively a contract between two parties.  An eviction happens when one party (the resident) does not uphold their end of the contract.  According to my attorney, an eviction moratorium has the net effect of withholding access to the legal system for one party in this contract.

In contrast, the CDC's opinion was that the eviction moratorium was necessary to curb the spread of COVID because those that are evicted may become homeless and spread infection more quickly.

Do you feel eviction moratoriums are unconstitutional or that owners have an obligation to society to not evict during this pandemic?

  • Greg Scott
  • Most Popular Reply

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    Bjorn Ahlblad
    #5 Multi-Family and Apartment Investing Contributor
    • Investor
    • Shelton, WA
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    Bjorn Ahlblad
    #5 Multi-Family and Apartment Investing Contributor
    • Investor
    • Shelton, WA
    Replied

    @Greg Scott I still have to pay at the pump. No groceries for free, and the other day when I got my teeth cleaned I got charged for that too. So yes, it is outrageous that all these politicians are messing with our business and taking away our rights just so they can buy votes with our rent money! Grrrrr!!

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