evictions -confused
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evictions -confused (by Carol [MA]) Sep 12, 2020 6:45 PM
       evictions -confused (by Small potatoes [NY]) Sep 12, 2020 7:33 PM
       evictions -confused (by Rob [MA]) Sep 12, 2020 8:51 PM
       evictions -confused (by OPM [OR]) Sep 13, 2020 2:30 PM
       evictions -confused (by John... [MI]) Sep 14, 2020 8:42 AM
       evictions -confused (by Carol [MA]) Sep 14, 2020 12:57 PM
       evictions -confused (by Carol [MA]) Sep 14, 2020 1:08 PM
       evictions -confused (by Rob [MA]) Sep 15, 2020 8:29 AM
       evictions -confused (by Annie [IN]) Sep 16, 2020 1:53 PM

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evictions -confused (by Carol [MA]) Posted on: Sep 12, 2020 6:45 PM

At one site it was argued that you could evict someone if they are not effected by COVID job/income loss.

If the tenants are receiving the same income as before Covid problems you could evict them/give them notice to leave. Not sure that works everywhere, Anyone know if it can apply to NY or Ma? --96.236.xxx.xxx

evictions -confused (by Small potatoes [NY]) Posted on: Sep 12, 2020 7:33 PM

You cannot evict for non payment of rent in NY, not sure how the cdc ruling affects things overall --99.203.xx.xxx

evictions -confused (by Rob [MA]) Posted on: Sep 12, 2020 8:51 PM

Sorry Carol the court is closed in MA for evictions until mid Oct. Only emg and good luck with that. Sadly our Governor won't be outdone by the CDC so we all expect him to extend the MA moratorium through Dec 31 as well. Masslandlords.net has a meeting coming up this month going over it fyi. --173.48.xxx.xxx

evictions -confused (by OPM [OR]) Posted on: Sep 13, 2020 2:30 PM

CDC Issues Federal Eviction Moratorium

This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues.

The U.S. Centers for Disease Control and Prevention (CDC) has issued a federal Order purporting to place a nationwide ban on nonpayment residential evictions until December 31, 2020.

The Order becomes effective on September 4, 2020 and essentially provides that residential evictions based on the nonpayment of rent or other charges owed to a landlord are suspended until the end of the year if the tenant provides the landlord with a sworn declaration.

To qualify, the Order requires tenants to provide their landlord with a sworn declaration stating that the tenant: (1) has used best efforts to obtain all available government housing assistance, (2) does not expect to earn more than $99,000 in 2020, or no more than $198,000 if filing taxes jointly, (3) is unable to pay full rent due to lost income, lost employment, or extraordinary medical expenses, (4) is using best efforts to make timely partial rent payments as circumstances permit, (5) if evicted is likely to become homeless or will need to move to “a new residence shared by other people who live in close quarters,” (6) understands that rent, late fees and other lease charges must eventually be paid in full, and (7) understands that after December 31, 2020, the landlord may evict the tenant if past-due payments are not made in full.

It is important to note that the Order does not override more stringent state laws.

In Oregon, for example, tenants who did not pay rent from April 1, 2020 through September 30, 2020 will have until March 31, 2021 to repay those amounts and cannot be evicted based on nonpayment of those amounts.

Oregon law also waives late fees during the same period, while under the federal Order landlords may charge late fees that become due in full along with rent on January 1, 2021. (NOTE: Under both Oregon law and the federal Order, “for-cause” evictions based on conduct other than nonpayment are still allowed.)

The Order (federalregister.gov/d/2020-19654) is based on a finding that the temporary halt of residential evictions is necessary to prevent the further spread of COVID-19. However, the federal government’s authority is limited when it comes to restricting state eviction laws. The federal order is likely subject to challenge on several constitutional grounds, and federal law cannot override state eviction law unless certain conditions are met (i.e., interstate commerce is affected, or discrimination laws apply).

Enforcement of the Order is also likely to be questionable since it imposes criminal penalties on landlords for violations, which would have to be pursued separately from any eviction proceedings by the US Department of Justice. The criminal penalties call for imprisonment of up to one year and fines of up to $500,000, but are based on somewhat obscure quarantine laws that appear to be patched together with other federal regulations that the CDC may or may not have the authority to apply to state eviction laws. The bottom line is that the CDC has thrown out what is, at best, a shaky attempt to temporarily halt nonpayment evictions. --162.247.xx.xx

evictions -confused (by John... [MI]) Posted on: Sep 14, 2020 8:42 AM

There is a big difference between the CDC Eviction Moratorium (which says it has to be Covid related) and a state like MA being closed to evictions (where it doesn't matter what the reason is).

This case isn't a CDC one. It's a MA one. The courts are closed, so you can't evict, of course.

- John...


evictions -confused (by Carol [MA]) Posted on: Sep 14, 2020 12:57 PM

Okay I found this, from mass landlords.net

Argument number three: no access to courts.

Only landlords with tenants whose conduct threatens the health and safety of others or the general public may initiate evictions in court during the moratorium, according to chapter 65. All others are barred from access to the courts for commencing summary process, for any reason, including cases where tenants have stopped paying rent even if they have not been affected by coded 19 and the response.

The brief states that by barring access to courts, and therefore, legal recourse for landlords in selective cases-e.g. , when tenants decide not to pay rent but are not defined as threatening the health and safety of others or the general public the state is violating articles 11 and 29.

(usable?) --96.236.xxx.xxx

evictions -confused (by Carol [MA]) Posted on: Sep 14, 2020 1:08 PM

So the aforementioned post is about a disruptive tenant who fights and argues half the night, also has a mentally disturbed screaming 11 year old child, (understand that is touchy) but the parents are as bad if not worse with their loud arguing. The husband we find out now was let go of the service for his brain damage accident and resultant severe anger issues. He is also a gun collector and has fired off his gun behind the residence. against rules of within town limits.

Yes they have not paid rent for three months.

Two out of the three other tenants feel that it has greatly affected their health with having to stay up to the wee hours of the morning at times. It's a small town with a small police force who will come out and just "say please keep it down" and leave and they start up right away again. The police have stopped responding.

One of the tenants have decided to seek out psychological help because of this. The third tenant is very meek and does not want to make waves to a person who has anger issues.

Just trying to find a way to remove this tenant. --96.236.xxx.xxx

evictions -confused (by Rob [MA]) Posted on: Sep 15, 2020 8:29 AM

Hello Carol, There is a masslandlords.net webinar today at 4:30 titled: Cambridge & Statewide Virtual Meeting Tues Sep 15: Laws Before and After COVID-19. It's on Zoom for $10. I should probably post this on the board. Any info is good these days. --173.48.xxx.xxx

evictions -confused (by Annie [IN]) Posted on: Sep 16, 2020 1:53 PM

We just evicted one in Indiana yesterday; he had been behind on rent BEFORE Covid; we filed in our local court just as they were shutting down for evictions in March. He had not paid a dime since. He tried the COVID paper on us -- it arrived by Certified mail the day before the Eviction hearing. Also got a call from the local Trustee (welfare) on the same day.

We may have been one of the first to get a court date (waited 6 months) after the Court assigned a Case #. Judge asked him if he had made best efforts at paying or getting assistance. He started whining about what we had NOT done for him. She shut him down, and gave us the eviction.

I will also add this was a mobile home that the TENANT owns -- he has to move it out of our Park by October 10th. If he does not, then the Sheriff will forcefully take him out of the home. Will probably have to start the abandoned process, unless he can find someone to buy it, and we have to approve of the new owner.


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