CDC Eviction Moratorium - USE THIS FORM

99 Replies

@Nathan G.

I just evicted a tenant in Illinois which is not easy as it’s very pro tenant.  Per state law we had to serve the tenant with the form.  Had to serve them three times throughout the process. Sheriff would not serve so we had to hire a process server.  Illinois had a no eviction executive order until recently where you had to prove you were impacted by COVID.  Lost 8 months of rent,  but we got the unit back.  Hang in there everyone.  It can be done.

@Kenneth Garrett..... Did you use an Attorney for this eviction? Did you or your Attorney ask for a monetary judgement?

@Joyce Williams

Yes, because of COVID we used an attorney.  Yes we received a judgement as well, but we need to file other documents to enforce the judgement.  We don’t expect to collect any of the judgement, but we can always hope.  If they try to buy a car or home it will show up on there credit report. That’s probably the only way we will collect anything.

@Kenneth Garrett....Were they gainfully employed when they signed the lease? Did you do a background check on them?


Was the rent moratorium lifted in your state? We’re they evicted for non payment of rent or something else?

@Joyce Williams

We did a background check which includes credit and financial. They were employed, they were just bad people. The eviction moratorium was lifted only if you were not COVID impacted.  We always conduct a thorough background check.  Sometimes you do your screening correct, but it just doesn’t work out.

@Kenneth Garrett... I also did a background check which included financial. The lease expired October 2020 and I sent them a notice notifying them that I was not renewing their lease 60 in advance. The wife was a horrible tenant. The husband left with their infant baby but the wife stayed. The husband had the electricity turned off when I informed him that she didn’t leave and she just had it turned on in her name. She’s been there since October 2020 with an expired lease and not a cent of rent. I’m owed over $10,000 in rent and she told me that she’s going to make out in the end. She’s actually making out now as well. I’m sure she won’t leave until the moratorium is lifted or I can evict her. In NY I can’t even evict a holdover tenant. She hasn’t been impacted by COVID, she’s benefitted from COVID. It would be great if the people that are taking advantage of COVID get criminal charges filed against them, hefty fines, something.

Does anyone know of any advocacy groups in NJ or nationally?  The moratorium while necessary initially in my opinion is criminal at this point.  Bigger Pockets users should unite and have their collective voices heard. 

@David Wrenn.... I need an advocacy group in NY so let me know if you hear of any. And it is absolutely criminal as I mentioned in a previous post and the people taking advantage of this moratorium should not only have to pay the back rent but they should have to pay a hefty fine to US and depending on how much they milked this moratorium they should do jail time.

The form you displayed has a section that says when it's signed, that the signatory is doing so under penalty of perjury. The problem is that no one will prosecute them for the offense, so the whole thing is a farce. It is a scoff law. 

if they don't sign it however, they are supposed to be subject to eviction, but the judges won't entertain a hearing on the matter, so it's still moot.

My attorney told me, and I'm sure it probably only applies in Kansas, that you can remove the tenant for what we call a 14/30 letter. This is a notification that the tenant is in violation of the lease agreement, other than rent payments. Loss of utilities would apply, destruction of property, ect.

Our attorney also said they can be removed over a simple 30 day notice to vacate the premises, no other reason given. I'm sure this might not apply in some states. I think Washington has a bar against removing them with a 30 notice.

There isn't much you can do if a tenant goes bad, but you can sure do due diligence before letting them in. Plus it's better to cut the rent a little and get a good tenant, than try to remove a bad one.





Originally posted by @Joshua Darakjian :

@Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

 Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

Originally posted by @Dan Maciejewski :
Originally posted by @Joshua Darakjian:

@Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

 Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

That's exactly right. Our entire justice system has fallen apart on this issue. First, the CDC Moratorium is unjustified. Second, it is illegal. Third, the Moratorium specifically states tenants can still be evicted for other reasons, but courts refuse to act.

I'm slightly optimistic we'll see a correction, but it may be years down the road. I think there's a very good chance this is a step towards the erosion of Landlord rights and things will continue to degrade. Time will tell.

 

Originally posted by @Nathan G. :


@Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

 Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

That's exactly right. Our entire justice system has fallen apart on this issue. First, the CDC Moratorium is unjustified. Second, it is illegal. Third, the Moratorium specifically states tenants can still be evicted for other reasons, but courts refuse to act.

I'm slightly optimistic we'll see a correction, but it may be years down the road. I think there's a very good chance this is a step towards the erosion of Landlord rights and things will continue to degrade. Time will tell.

 

 I didn't want to get all political on a public forum but yes.  And with the current administration's leanings and the rising popularity of certain political parties that do not like "rent seeking" behaviors, landlords are certainly being put under stress from the Federal government.  Thankfully we are a lot of jurisdictions in this country, so some places are landlord friendly.  Thankfully I am in one.  And oddly, every time you push investors out of an area, it gets worse for the renters.

Originally posted by @Dan Maciejewski :
Originally posted by @Joshua Darakjian:

@Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

 Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

 The fact that we have "cdc ruling" is crazy. who is cdc to create laws?

@Joyce Williams

Agreed! I can’t believe it’s come to this. Judges courts and the Feds know tenants are taking advantage of COVID moratoriums. The problems are the courts not these tenants. More tenants in hardship would try anything in their power to make any payments if they knew they couldn’t get a way with it. It’s just sad.

@Nathan G. and @Dan Maciejewski agreed. I just lost my case. Damages that they tried to remediate a couple of days before trial and haven't paid me for 7 months. The judge laughed at what they would say when they acted cute representing themselves and made me out to be the bad guy from moment one. I felt poorly supported by this system. I still do. I have bills to pay and now I have to sell because I can't afford it anymore. I also just got told by the plumbing company that they suspected tenant tampering with toilet plumbing when they came to perform a consumption report. My hands are tied behind my back and I cannot believe this person is getting away with everything. #chicago Any help or advice would be completely appreciated, from anyone that has the chance to read this.

Updated 26 days ago

At what point can the city be sued for negligence? At this point, it's pure negligence. How is this legal?