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Updated about 4 years ago on . Most recent reply

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Lease to bypass government eviction protection

Gebson Pinheiro
Posted

Has anyone been able to have a real estate attorney draw up a lease that allows eviction in spite of any government mandates?  I'm trying to get all the new leases on my properties to have verbiage to allow evictions in spite of any circumstances.  In reality, I work with all my tenants for each of their situations (unlike large corporations), but like all contracts, I'm just trying to get protection against the exception who is gaming the system.

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Todd Rasmussen
  • Rental Property Investor
  • Clarksville, TN
1,420
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Todd Rasmussen
  • Rental Property Investor
  • Clarksville, TN
Replied
Originally posted by @Tony T.:

I was brainstorming on this only a little bit. Is there any security you could use? Like a car? I guess if they have a loan, that wouldn't work. I also thought I should own houses or townhouses. That way if the government forbids evictions, you can always sell the house pretty easily. You can't just sell a 20 unit or 5 unit, for that matter. So instead of having a 20 unit, own 15 townhouses. Each could be sold if you get someone who refuses to pay, then just purchase another one. It's a loss, I know, but the loss may be only 50% of letting a tenant steal from you for 18 months of rent. 

I think the resell advantages of SFH's is that they appeal to retail home buyers. If there is a non paying tenant, your market for purchasing is back to investors because a homeowner is buying a place to live and probably couldn't or wouldn't wait out a non paying tenant.

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