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Updated about 3 years ago, 08/28/2021

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Jerry W.
Pro Member
  • Investor
  • Thermopolis, WY
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Eviction Moratorium struck down by SCOTUS

Jerry W.
Pro Member
  • Investor
  • Thermopolis, WY
ModeratorPosted

Yesterday the United States Supreme Court struck down the latest CDC Eviction Moratorium.  They had already signaled in an earlier court case that it was not legal, but left it in place as it was going to expire soon and it would give time for relief money to be distributed.  I have not received a copy of the opinion yet, but it was made very clear that the CDC lacked the authority to issue it.  Biden himself admitted that his legal advisors were aware it would not pass muster with the court.

I have my opinions, but whether you are in favor of this or against this doesn't matter.  Keep in mind that several states and some cities have passed their own moratoriums that may prevent you from doing evictions, so please make sure of local laws before filing your evictions.  There are some freeloaders out there that desperately need evicted, but there are also hardworking folks who have been dealt a tough hand and are in a tough place.  Congress could pass a new moratorium, but that seems extremely unlikely.  There is also the problem of over crowded court dockets that may slow things a bit, and there is a real possibility of the new Delta strain causing courts to close again temporarily.

I don't want this to evolve into a purely political argument, but how many of you will be evicting tenants and how many, and how many are you working with who are behind and not evicting them?

I will start it.  I had 2 tenants who were massively behind on rent that I started evictions on.  Both were many months behind.  One said I could not legally evict him.  Neither of them actually lost their job to Covid and both trashed their places.  I explained to them they were not covered and I would evict them.  Both moved out before a court hearing.  I worked with 4 other tenants.  All of them were allowed to work for me raking leaves, painting, etc. for the amount of up to their rent.  Two of them did some work, but all ended up paying rent after getting stimulus money.  I currently only have one tenant behind that is not paying, but I have offered work and she initially declined and I gave notice of the need to move.  She has since started cleaning, but has kept having family a crisis on an almost daily basis.  If she is not working by the middle of next week I will give a 3 day notice.

Where are you at?  And what were your loses?

  • Jerry W.
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