CDC Eviction Moratorium - USE THIS FORM

99 Replies

@Deisy P. it's unfortunate. The entire situation is illegal, immoral, and turns my stomach that our country has taken this turn. At this point, it sounds like you can sell or stay and fight. The latter may result in a win, but it will be a long, expensive fight. I would probably unload and move your money (if you have any left) to a state that still believes in some form of justice.

@Collen F.......I am in a rent collection system however they have suspended the option of reporting to the credit bureau because of COVID. 

Originally posted by @Joyce Williams :

@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.

Joyce, An attorney I know Jaime Michelle Cain in upstate NY created a NY advocacy group for landlords called Under One Roof https://www.underoneroofny.org

She also hosts a weekly roundtable via zoom with updates and support for landlords. You can check out more info here https://boylancode.com/rert/

 

Originally posted by @Yonah Weiss : Thank you sir, I will be in contact.
Originally posted by @Joyce Williams:

@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.

Joyce, An attorney I know Jaime Michelle Cain in upstate NY created a NY advocacy group for landlords called Under One Roof https://www.underoneroofny.org

She also hosts a weekly roundtable via zoom with updates and support for landlords. You can check out more info here https://boylancode.com/rert/

 

 

My client wanted to list his investment and have been going through some painful experience trying to evict a tenant who has not paid rent for over a year. Referred him to an eviction lawyer last year and it's been another half a year of court proceedings and still at it. Very similar to some of the comments above but one thing I just wanted to share which this tenant pulled at the very end of the eviction process. He filed bankruptcy right before the eviction hearing. Now the tenant has the relief from stay and the proceedings will have to go through bankruptcy court before eviction court. 

I too feel bad for investors with tenants that have taken advantage of the Covid eviction moratorium. The Cares Act has been a big help to those same investors by allowing the large NOLs created by cost segregation to be used 5 years backwards and put refunds in the banks of those investors. The Cares Act advantages only apply to RE Professionals and owner/occupants and must be done for 2020's tax filing. If you have already filed, it is not difficult for your tax pro to adjust (not amend) those 2020 taxes before the end of 2021. Of course, you will need a cost segregation study. We have saved many many restaurant owners across the country from closing their doors permanently by helping them and their tax professionals get this done. I am available if you want more information. 

@Nathan G. So then the judgement does nothing for them. Right? If they don't care about their credit score, bounce from one job to another and have no money to pay for anything, then no matter what, even if Landlord wins in court after expensive eviction battle, the Landlord still is in the loss? Since those judgements not really affecting already irresponsible tenants.. That's what's I've gathered from what's going on and what other Landlords are sharing.

I do my due diligence to screen tenants (credit and their full background), check their previous Landlords' and employment references. So far so good in terms of them paying rent.

How does this CDC Moratorium form helpful to Landlords, if you don't mind my asking? Most of the people are making less than 100k/year and very few only did not receive stimulus checks. So that means that according to this form everyone qualifies and is exempt from paying rent the moment their household income has decreased or lost and if they face to become homeless? Just checking if we ever run into something like this in the future. Thanks for sharing👍!!

Originally posted by @Kate K. . So then the judgement does nothing for them. Right? If they don't care about their credit score, bounce from one job to another and have no money to pay for anything, then no matter what, even if Landlord wins in court after expensive eviction battle, the Landlord still is in the loss? Since those judgements not really affecting already irresponsible tenants.. That's what's I've gathered from what's going on and what other Landlords are sharing.

I do my due diligence to screen tenants (credit and their full background), check their previous Landlords' and employment references. So far so good in terms of them paying rent.

How does this CDC Moratorium form helpful to Landlords, if you don't mind my asking? Most of the people are making less than 100k/year and very few only did not receive stimulus checks. So that means that according to this form everyone qualifies and is exempt from paying rent the moment their household income has decreased or lost and if they face to become homeless? Just checking if we ever run into something like this in the future. Thanks for sharing👍!!

That's why this program was a disaster from the start. Evictions should have never shut down. Tenants should only be exempt from eviction if they can prove they lost income due to COVID-19 and that they are making efforts to seek assistance and stay caught up. I know tenants that have not lost their job, yet they stopped paying rent. Others received stimulus checks and an extra $600 per week in additional unemployment, earning them approximately $5000 more than they would normally earn when working, yet they stopped paying rent. I currently have a renter on disability so her income has not changed yet she is my only renter to not pay anything for five months straight.

You are absolutely right. Most of them don't care about their credit rating, don't work steady jobs, and could care less about a judgment or collection agency. The government has thrown us under the bus while coddling the bad tenants.

Nathan G.

This was an awesome post. My wife and I have started our loan approval process to become investors and landlords, and her biggest fear was this question exactly. I'm more aggressive and say hard times will pass, yet she is my voice of reason at times. Thank you for this form and starting this post. Very Very informative. 

HI Eric, 
Would you mind sharing your cash for keys strategy ~ typically how much do you offer.
I have a tenant in a property in Philadelphia that hasn't paid since March 2020 - said she's requested rental assistance from local authorities but not sure if she's received any as she's non responsive.  We have filed for eviction but waiting on moratorium to finish and then wait out a back log of evictions.   I really can't stand giving her any money for keys but I can't see when we can get her out.  Thanks for any input.


Originally posted by @Eric Bilderback :

@Nathan G.

I think that if a tenet wants to take advantage of you they have always been able to do it.  If they don't mind having a harder time finding a place to live in the future, possibly garnished wages etc they can take you to the cleaners.  I don't think any of these laws or rent control help people but I do think they keep some people who might have invested.  

I would always advice someone to buy only properties that good people would live in and screen the hell out of anyone who you let in.  I have 20-30 units and every year or two I have to throw money at a tenet to leave peacefully, "cash for keys."  Once you let a dirtbag slip through and get in your place its on you.  And you are not going to win because dirtbags have nothing to lose and you do.

 

@Dolores Waldron

I have paid a months rent but I would pay more.  I had a guy that tried to strangle his girlfriend who the hell wants to live by that?  It’s my fault for letting a loser and his drama in the apartment.  It’s not his fault for being a loser he snuck through.  I would have paid more.  I try and get market rents for my places I owe it to my tenets to know I might be a dick but I am not going to stand by while they feel unsafe or let some loser scum the place up.  
Screen Screen screen, I do cash for keys once a year or so and have 40+ doors.  I also tell them if they don’t leave I will make sure I do everything possibly can legally to make their life difficult.