Contract to avoid morarto

Considering some kind of CONTRACT TO PERFORM with words like "if the res falls behind in rent 30 days he/she agrees to relocate within 10 days. This is a contract, not a lease and is not eviction."

I would sue for lack of performance, a violation of contract, not lack of rent.

Trying to separate eviction from performance, in other words the res is doing an action rather than the judge doing an eviction.

Searching for ideas? Got any?

BRAD

--73.102.xxx.xxx

Contract to avoid morarto (by NE [PA]) Posted on: Sep 3, 2020 3:00 PM
Message:

I wrote an example of a potential lease clause in Jeff Colorado's CDC's order analysis post. --174.198.x.xxx

Contract to avoid morarto (by Jeff [CO]) Posted on: Sep 3, 2020 3:09 PM
Message:

NE, well done! --76.120.xx.xxx

Contract to avoid morarto (by NE [PA]) Posted on: Sep 3, 2020 3:18 PM
Message:

I will contact the attorney that I use for this stuff and see if I can get something more formally drafted. I would highly recommend that anybody has that any expired leases, get wording in there that can circumvent the CDC order and get these tenants to sign a new lease ASAP. Just tell them you're updating your files and offer of a $25 discount for that month for the hassle. Don't tell them why, Just let it slip through the cracks. --174.198.x.xxx

Contract to avoid morarto (by myob [GA]) Posted on: Sep 3, 2020 4:14 PM
Message:

Write away. Courts closed. Judges are not working. Clerks office is closed.

So in the world in our area can you even get into court? You can't do diddle.

We can file electrically so other LL's know they aren't paying-- but COURT IS CLOSED. --99.103.xxx.xxx

Contract to avoid morarto (by WMH [NC]) Posted on: Sep 3, 2020 4:26 PM
Message:

The question is the legality. It sounds as if they do not know how to enact this and any decisions will be legislated from the local bench. With the states so high $100k??? A year in jail??? I don't think "self-help" documents are going to be a great solution. --50.82.xxx.xxx

Contract to avoid morarto (by NE [PA]) Posted on: Sep 3, 2020 4:46 PM
Message:

Since when are lease clauses self-help paperwork? Properly vetted of course.

If you have an attorney tear through the CDC release, develop clauses around it, what's the difference than any other lease clause that is written based on regulations or laws? Isn't that how we develop our leases? --174.198.xx.xx

Contract to avoid morarto (by WMH [NC]) Posted on: Sep 3, 2020 4:50 PM
Message:

This is uncharted territory in my opinion. It's federal, not state. There's no clear answer for who gets a year in jail vs. a $100k fine. What does it mean, "Death?" When did eviction result in death? Are they accusing a landlord who evicts a tenant during Covid - regardless of state of health - and tenant later dies (during the 5 months? Or later?) as culpable? WE DON'T KNOW. --50.82.xxx.xxx

Contract to avoid morarto (by JAC [OH]) Posted on: Sep 3, 2020 4:57 PM
Message:

Wasting your time and money. The act of recovering possession in what is considered a persons home is not covered under contract law. Even mortgages have a special designation and require foreclosure proceedings vs being a violation of contract law. Obviously you could find a friendly judge that might agree to these terms but they are lining themselves up for an appeal. --50.5.xxx.xx

Contract to avoid morarto (by NE [PA]) Posted on: Sep 3, 2020 4:57 PM
Message:

That's right, it is federal. And the last I knew, the CDC had no control over housing. Furthermore, leasing, evictions are governed at a state level. This is a disaster. We can screen all we want going forward, but all of us, the worst landlord and the best landlord Are in a very precarious position right now.

Right now, I don't know what to do as far as investing. I certainly don't want to add any more rentals in the portfolio until this all washed out. --174.198.xx.xx

Contract to avoid morarto (by RB [MI]) Posted on: Sep 3, 2020 5:06 PM
Message:

For many moons, I have been doing MTM's.

Within all of the 3- ring Tenant binders,

all Tenants were given a pre-written agreement,

that swings BOTH ways.

By signature, this ends our Landlord / Tenant

relationship,

after either party gives a 30 day notice,

any day and any time of the month,

and No reason is necessary, needed or implied.

Just fill in the blanks within this agreement:

Name(s) ---------------------------

Rental address --------------------

Date of 30 day notice -------------

Expected date and time of complete 30 day move out ------

and deliver to the Landlord or Tenant.

I have used this "exit strategy" many times,

when the going got rough. ( Covid or not )

I applied this 2 1/2 months ago,

along with a little RB encouragement and a for sale sign.

The Tenants left on time, without incident.

PS: This was not taught or learned from any seminar.

Experience matters !

Thought of the day:

"Don't Cry because it's over,

Smile because it happened".

--199.192.xxx.x

Contract to avoid morarto (by MikeA [TX]) Posted on: Sep 3, 2020 5:15 PM
Message:

You might get a judgement, but how would you get posession back without the eviction?

How about if you look at it backwards. What could you do to keep them from, or reduce the risk of them being able to fill out the CDC form without committing perjury? An example, ask them to sign a statement that they have not experienced COVID related financial loss due to their employment. This would effectively cut out any prior events to their statement date and it is less likely they will be impacted from COVID job loss from this point forward (unless there is another lock-down). In essence this reduces the risk by shortening the window of opportunity. Hopefully if they present the form to a Judge, you would be able to argue that they committed perjury if it happened before the statement they gave you.

There might be similar strategies with each of the statements on the CDC form. --64.130.xx.xxx

Contract to avoid morarto (by Ken [NY]) Posted on: Sep 3, 2020 5:24 PM
Message:

You can have all the clauses in a lease that you want but if the tenant refuses to leave and you cant get into court then what? you cant physically remove them just because your lease says you can --104.229.xxx.xxx

Contract to avoid morarto (by MikeA [TX]) Posted on: Sep 3, 2020 5:34 PM
Message:

Expanding on my previous post, how about this one:

I certify that in the event I am unable to pay the rent due to COVID related circumstances, I have friends or family that could provide housing that would not create close quarters in a new congregate or shared living setting. --64.130.xx.xxx

Contract to avoid morarto (by Richard [MI]) Posted on: Sep 3, 2020 5:46 PM
Message:

How about requiring a performance bond? Insurance companies write bonds for contractors for performance of the contract. Isn't the lease a contract? The tenant agrees to do certain things (whatever is in the contract, including pay.) The contract/lease is for a certain amount (yearly rent total).Get the insurance company to write a performance bond which guarantees that you get the money.

Then if the tenant does not pay, etc you file on the bond.

The insurance company recommended by this site has a tenant protector program they offer, i believe, which they say pays up to $1000 if you have to evict or something like that. I think it should be a much higher number, like remaining rent, court costs, and all associated costs. It would be worth it to me to have that covered. But $1000 is better than nothing. You just have to move fast and also in today's current moratoriums it's not really of much use, in my opinion. --24.180.xx.xx

Contract to avoid morarto (by JAC [OH]) Posted on: Sep 3, 2020 6:19 PM
Message:

MikeAs approach is creative but it's not realistic. Conditions can and do change. A tenant signing a document stating their possible alternate living conditions at the beginning of lease probably wouldn't hold water even 30 days later.

Richard do you honestly think an insurance company wouldn't use the eviction ban as a reason to not pay on a claim? I'm sure their lawyers are already all over it.

NE I'm always lurking about. Are you wearing your mask? If not you are still part of the problem no matter how many conspiracy theories you want to propose. --50.5.xxx.xx

Contract to avoid morarto (by NE [PA]) Posted on: Sep 3, 2020 6:46 PM
Message:

That may have worked six months ago, but that ship has sailed. --174.249.xx.xxx

Contract to avoid morarto (by DJ [VA]) Posted on: Sep 4, 2020 10:13 AM
Message:

I like the way MikeA is thinking. Even if it didn't hold up in court, it will put the new tenant on notice that they are expected to have a back-up plan, and help them have correct thoughts planted in their head. Make them feel like they are dealing with a professional landlord - not a push-over. --70.160.xxx.xxx

Contract to avoid morarto (by Vee [OH]) Posted on: Sep 4, 2020 10:50 AM
Message:

The big question for me to think on is how will the unemployed court staff including judges be able to support the local walmart, meat market, or even the street veggie stands? The feds just effectively layed them off for 3 months... --76.188.xxx.xxx

Contract to avoid morarto (by NE [PA]) Posted on: Sep 4, 2020 10:56 AM
Message:

Vee, unless your eviction court judges only handles ll/t cases, they are still open.

Ours are open here. --50.107.xxx.xxx

Contract to avoid morarto (by Lana [IN]) Posted on: Sep 4, 2020 6:07 PM
Message:

I think it best to not try a run around on this. The Federal government tends to have the harshest penalties of all combined with no mercy. The CDC provides a form for tenants to fill out with plenty of penalties for perjury on it. Maybe they Feds will be too busy busting rioters? --216.23.xxx.xx

Contract to avoid morarto (by J [FL]) Posted on: Sep 4, 2020 6:27 PM
Message:

I really don't see them giving landlords a year in federal prison for this kind of thing. Seems like a scare tactic. The hefty fine is more likely --72.188.xxx.xxx

Contract to avoid morarto (by J [FL]) Posted on: Sep 4, 2020 6:27 PM
Message:

I really don't see them giving landlords a year in federal prison for this kind of thing. Seems like a scare tactic. The hefty fine is more likely --72.188.xxx.xxx

Contract to avoid morarto (by WMH [NC]) Posted on: Sep 4, 2020 7:45 PM
Message:

J/FL, you be the test case LOL! I'm not brave enough :) --50.82.xxx.xxx

Contract to avoid morarto (by J [FL]) Posted on: Sep 4, 2020 7:54 PM
Message:

LOL WMH, no you first!

Luckily I'm not in that situation. I feel for those who are though. --72.188.xxx.xxx

Contract to avoid morarto (by plenty [MO]) Posted on: Sep 4, 2020 8:05 PM
Message:

Is there a way to turn this around? Landlord does preform Tenant can end contract cause im so bad? --99.203.xx.xx

Contract to avoid morarto (by MikeA [TX]) Posted on: Sep 4, 2020 8:59 PM
Message:

My bet on the hefty fine is that it will be similar to EPA fines. You can be charged millions on those but most businesses get a few thousand slap on the wrist for the first violation. But I don't want to be the test case. --64.130.xx.xxx

Contract to avoid morarto (by Ken [NY]) Posted on: Sep 4, 2020 11:32 PM
Message:

VEE,you are thinking logically,they wont lay anyone off,they will just sit around the office and do nothing and get paid.A local county in my area has offered any employee who will quit a check for $15000,they think they are saving money.I say just lay off everyone and let them fend for themselves --104.229.xxx.xxx

Contract to avoid morarto (by Nicole [PA]) Posted on: Sep 5, 2020 8:59 AM
Message:

Tenants tend to do what they want. When it's them or you, they'll do what they feel is best for them. They don't care what you had them sign. Your agreement would need to go to court. The judge would then, in all probability, determine you were doing an end run around the eviction restrictions. Same as we say here that judges know all about what the tenants are "claiming" when they go to court ... they also are smart enough to figure out what the landlord would be doing.

IF the judge were so inclined to "make a stand", the case surely would be appealed by some organization on behalf of the tenant so you still wouldn't have your property back ... and you'd be on the 6:00 news.

AND where I live, the constable handles the possession AFTER the judge orders it. So his office must also be willing to buck the system.

Creative is good. Trying to get around the evictions, not the best idea I my book. --72.70.xxx.xxx

Contract to avoid morarto (by Ray-N-Pa [PA]) Posted on: Sep 5, 2020 12:14 PM
Message:

You can't evict for non-payment.

You can evict for other reasons other than non-payment.

A history of late payments is not the same as non-payment. More over, how does one correct history? --24.101.xxx.xx

Contract to avoid morarto (by Pmh [TX]) Posted on: Sep 5, 2020 1:58 PM
Message:

nice try. won’t work. your prior leases were contracts also which (I assume) had like clauses for non performance. the court will see through your intentions & will apply interpretations of current policy intent. you will lose. --72.180.xx.xxx

Contract to avoid morarto (by Jim [OH]) Posted on: Sep 7, 2020 9:23 AM
Message:

You cannot make good wine from bad grapes. Choose wisely. Even when you're in the right, the costs to prove it can be expensive. --184.57.xxx.xx

Reply:

Subject:	RE: Contract to avoid morarto
Your Name:
Your State:

Message:

Contract to avoid morarto

Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers. Email Address: