Eviction News Update - finally some Good News

Eviction News Update - finally some Good News

Investor · Member since 2021 · 265 posts · 305 votes

Oops, my mistake. I thought they were going to give Landlords a break . . . Instead of easing the Eviction Moratorium to help Landlords, Instead of Providing Landlords with financial assistance, WA State and soon others, are going to Provide Free Legal Service to tenants to Fight the Landlords when evictions start up again.  

Washington state lawmakers push to provide lawyers for residents facing eviction

A bill up for final approval by the Washington state Senate aims to provide attorneys for some low-income residents facing eviction, which would make it the first state to enact such a measure.

text, qr code: Washington state lawmakers push to provide lawyers for residents facing eviction

© Getty Images Washington state lawmakers push to provide lawyers for residents facing eviction

The bill, a draft of which was initially passed in the state Senate and was approved with amendments by the House on Thursday, would provide lawyers for tenants who meet certain qualifying conditions.

Those eligible to receive legal representation from the state include residents receiving certain public assistance, individuals who have been committed to a mental health facility, those who can't afford an attorney or those who have incomes at 125 percent or below the federal poverty level, according to The Seattle Times.

Jim Bamberger, director of the state's Office of Civil Legal Aid, praised the legislation, telling the Times that it "is a powerful statement on the part of the legislature in terms of balancing power in the justice system between tenants and landlords."

"And I think it will work, honestly, in favor of both," he added.

However, an amendment added to the bill Thursday night has prompted concern from housing advocates, as it would end Washington state's eviction moratorium on June 30, the same day the federal order halting the practice amid the pandemic is set to expire.

Bamberger told the Times that if passed, the bill would require his office to hire 58 additional state attorneys, which he said may not be logistically possible in less than three months.

However, some state lawmakers have pointed out that the amendment would temporarily require the state to provide rental assistance directly to a person's landlord if a program qualified tenant does not have access to a lawyer starting July 1.

"The argument that the day the moratorium ends people are going to be on the street is just false," state Rep. Andrew Barkis (R) told the Times. "It takes months to go through the eviction process."

"We believe there will be plenty of time for these things to get set up," he added.

Bamberger noted that the legal representation program will likely cost his office an estimated $11.4 million in the first year.

The Centers for Disease Control and Prevention (CDC) announced late last month, three days before the existing federal eviction moratorium was set to expire, that it would be extending the temporary ban on coronavirus-related evictions through the end of June.

CDC Director Rochelle Walensky said in a statement at the time, "The COVID-19 pandemic has presented a historic threat to the nation's public health. Keeping people in their homes and out of crowded or congregate settings - like homeless shelters - by preventing evictions is a key step in helping to stop the spread of COVID-19."

However, concerns have erupted in recent days after a new guidance issued by a Texas judicial advisory panel gave the green light for state courts to openly defy the CDC moratorium, putting hundreds of thousands of Texans at risk of being removed from their homes.

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Jerry W.Pro Member
Moderator
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
5y

@Eric Weldon-Schilling, your statement is wrong on so many levels that it is scary. Please read Atlas Shrugged, which was written by a woman who was forced to grow up in communism and escaped. If landlords cannot evict for failure to pay rent, how long before that housing falls apart? No money to paint, replace flooring, replace broken windows, fix roof leaks, broken toilets, repair electrical issues? If car companies could collect payments for selling cars or repair costs, how long would it be before they quit making cars and parts? If grocery stores could not stop shoplifters from taking all the food they want and not pay, how long until grocery stores quit selling groceries? If medical institutions could not collect for delivering babies, doing surgery, or even just seeing sick kids, in a few years people would quit being doctors and nurses. Imagine a world where kids die from the flu, ear infections, or where kidney stones, bad gall bladders and appendicitis are death penalties? If you don't pay people for the fruits of their labor they quit working. No one will ever buy a run down house and fix it up to rent if tenants don't have to pay rent. Would you allow someone to move into your house free of charge and live there forever? Would you allow people to take your vehicle and leave you with no way to go to work because you seem rich to them? How about eat your food if they are hungrier than you? How long will power plants run if no one pays for electricity? I could go on forever.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    Thank goodness I live in the South East!

  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    5y

    This is not going to turn out well for anyone. 

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    But- tenants already get free legal aid  from tenants unions. And honestly it seems that this is for those that really do need help (mentally unstable, below poverty line, etc)  

    I guess I am not going to get upset about this. There are funds available to pay back rent so hopefully there wont be any evictions due to non payment of rent in covid times 

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    @Account Closed I am owed rent by a tenant so I understand the frustration. Tenants DO have something to lose - having an eviction on your record makes renting very challenging. 

    There are funds available to pay back rent - as long as the tenant is still in the property - you can get 80% of back rent paid by the feds,  You might look into this. 

    Unfortunately for me I cant access those funds as my non paying tenant moved out. So I am **** out of luck sadly.  Still, I know that some people are having to make hard decisions - and hopefully you, as the LL can do your part by applying for the rental fund.....

    And, fwiw I agree that a profit of 150/mo is slim and is not enough to help a LL weather a storm like this unless they have a years worth of reserves set aside....  also  mortgages can be put on hold so you would not need to pay your mortgage payments (they will just geg put at the back) which should help.... good luck I hope you get your rent funds. 

  • Rental Property Investor · Centreville, VA · Member since 2019 · 1k+ posts · 799 votes
    5y

    That's a good sign !! 

  • Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
    5y

    @Account Closed,

    So glad my rentals are in VA, and not WA!

    I don't know if I could have a tenant not pay me for a long time, knowing they got at least unemployment, stimulus, tax return,  etc... and then  instead of the state helping landlords, the ones that are ultimately hurting as they haven't gotten paid-- they're "helping" by paying lawyers, to sue the landlords?  

  • South Holland, IL · Member since 2017 · 374 posts · 432 votes
    5y

    @Eric Weldon-Schilling

    If you look at most national research on evictions, the supermajority (about 90%) of cases are decided in the landlords favor because the tenant hasn’t paid them. Those evictions are just. It’s as with any other consumer good or service. Do we think it’s unjust that we can’t take groceries, gas and/or clothing from other businesses without compensation. Legal Aid is not a problem for most tenants but these programs give the illusion that most landlords are greedy slumlords taking advantage of poor people. Contrary to mainstream media opinion, most landlords don’t want to evict. But without the tool of eviction large corporations will step in where the small landlord can no longer afford and then we’ll see how fairer they are as landlords compared to Mom & Pops.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    5y

    Crazy out there. Invest in Texas where we can evict in 30 days!

    WA state even is limiting commercial evictions. Makes no sense to me.

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y

    @Account Closed:

    Landlords always get to have a lawyer when they want on why shouldn’t tenants  be able to have that same right? [...]

    So you're saying that both the tenant and the landlord should have the same rights to an attorney? I agree 100%. Where are my free attorneys? Oh, wait, I'm guessing that you only want free for one side.

    if people are worried about the money, pay for it by having attacks on large corporate landlords and people that bring in over a certain threshold a rental income each year. Like 1% on everyone making over 500,000 in rental income. 

    I just cannot believe that some people are so clueless that they think taxing others will actually pay for things. How do you not understand that these extra taxes will be passed on to you, the consumer (renter)? 

    I'll never forget my conversation with a (typically very smart) tenant who was so happy that a bunch of clean air/water/daycare/parks propositions passed. I pointed out that they cost a lot. He responded that, no, it's only like 1/10 of 1% increase in property tax and besides, I don't pay property tax as I don't own any property. That's one good thing about being a renter. 

    He was f***ing floored when I pointed out that this 1/10 of 1% was about $40 a month in taxes on the unit he was living in and that landlords don't pay taxes for their tenants, we just build it into the rent rates. Ended up raising his rent $75 at renewal and let him know that $72 was my increase in costs. I suspect he has voted against every tax increase since. 😀

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    so @Greg M. your property taxes  are 480k on that one unit???  That seems excessive?! 

    (40x12/.001) 

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y
    Originally posted by @Mary M.:

    so @Greg M. your property taxes  are 480k on that one unit???  That seems excessive?! 

    (40x12/.001) 

    No. 1/10 of 1% tax on a $500K place would be $500 in tax or around $40/month. 

    Don't you want nice parks? Vote for this, it's only add 0.025% in taxes. That's an extra $125. Now vote for these 7 other things. 

    My favorite, they encouraged us to rip out our lawn and put in hardscaping to save water and be environmentally conscious. Then idiots vote in a tax based on how much hardscape you have because rain can't reach the soil. That's an extra $200 a year. No joke!

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    Ahhhh ok i understood you to mean the increase was .001 of the property tax    And you meant an added  .001 tax on the  value of the home. 

    Still we all need to pay our share i guess. 

  • Member since 2020 · 671 posts · 937 votes
    5y

    @Account Closed

    "Hell I’d gladly pay a 30% income tax"

    I could be wrong (and I'm sure I'll be corrected if I am), but I think the top tax rate is 37% national and 13% (at least in California), so I'm guessing you're not alone in being happy to pay 30% income tax.  Plus property tax, plus sales tax, fees, licenses, tolls, etc., etc., etc.

    "If you are so underwater that you’re only making $150 a month and will
    be completely broke if someone misses a month or is late then you
    shouldn’t be owning Edgar property in the first place."

    So, it's fine to be in a position to not pay your rent, but it's no ok to be in a position to own a rental if the profits aren't high enough or if you don't have enough money to overcome government intervention?  Weird logic, imo.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    150/month is a very slim margin and one large expense will wipe out any profit - possibly for many years.....  there is the maxim that we all should have one years worth of expenses (or income) set aside as reserves....  but at 100-150/mo that is not much of a cushion...  a new HVAC system and that money is gone So yeah, its a risky model...  however, it is how many folks get into investing and ultimately and hopefully they provide safe, clean and affordable housing for folks.....

    Also, fed tax rate increases as ones income increases....  so lots of folks pay less than 30%....  

    @Account Closedhopefully you will pick up enough info on this site so that you will be able to buy a place in the near future. 

  • Member since 2020 · 671 posts · 937 votes
    5y

    @Mary M.

    It's hard to feel like you're not willfully missing the point, but that's fine.  Best wishes

  • Jerry W.Pro Member
    Moderator
    Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
    5y

    @Eric Weldon-Schilling, your statement is wrong on so many levels that it is scary. Please read Atlas Shrugged, which was written by a woman who was forced to grow up in communism and escaped. If landlords cannot evict for failure to pay rent, how long before that housing falls apart? No money to paint, replace flooring, replace broken windows, fix roof leaks, broken toilets, repair electrical issues? If car companies could collect payments for selling cars or repair costs, how long would it be before they quit making cars and parts? If grocery stores could not stop shoplifters from taking all the food they want and not pay, how long until grocery stores quit selling groceries? If medical institutions could not collect for delivering babies, doing surgery, or even just seeing sick kids, in a few years people would quit being doctors and nurses. Imagine a world where kids die from the flu, ear infections, or where kidney stones, bad gall bladders and appendicitis are death penalties? If you don't pay people for the fruits of their labor they quit working. No one will ever buy a run down house and fix it up to rent if tenants don't have to pay rent. Would you allow someone to move into your house free of charge and live there forever? Would you allow people to take your vehicle and leave you with no way to go to work because you seem rich to them? How about eat your food if they are hungrier than you? How long will power plants run if no one pays for electricity? I could go on forever.

  • Shiloh LundahlPro Member
    Rental Property Investor · Gilbert, AZ · Member since 2016 · 3k+ posts · 4k+ votes
    5y

    @Jerry W. Socialism sounds so good in theory. But just doesn’t work well in reality.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    Everyone should remember that Seattle was instituting a winter eviction ban in 2019, before COVID. They banned evictions Nov 1 - Mar 31, which means anyone could move into a rental and get 5-6 months of free rent and then disappear. They've recently narrowed the ban down to Dec - Feb but it could still be a total of 4-5 months for a Landlord to win an eviction.

    Here's what a savvy renter will do. Move into a place they can't afford with the offer to pay six months in advance with a personal check. They get in the unit, the check bounces, they make a few excuses and claim they're trying to figure out how their bank made a mistake, then they cut off communication and sit. The Landlord tries to evict, learns there's a ban, and has to wait. The eviction ban is lifted in March, the Landlord starts the eviction process. Once the Tenant receives notice of a court hearing, they pack up and move out. Landlord is relieved the fight is over, eats the loss, and finds a new renter. There's nothing negative on the Tenant's record so they move on to another private Landlord for 6-7 months, rinse and repeat. Imagine a place where rent costs $2,000 a month and every year you can save $8,000 - $12,000 by milking the legal system and a little extra moving.

    The DIY Landlord Book4.7248 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    As for free legal assistance for Tenants? I think it's a bloviated waste of taxpayer money. Most of the money will be spent on administrative costs and most of the service will be used by bad renters trying to extract one more drop of blood like the leaches they are.

    If you are a smart Landlord that obeys the law, treats people honestly and fairly, and that documents everything properly, you won't see tenants using this service and you won't lose when they do.

    The DIY Landlord Book4.7248 Reviews
  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y
    Originally posted by @Chris John:

    @Mary M.

    It's hard to feel like you're not willfully missing the point, but that's fine.  Best wishes

    I write responses many times for those reading along.... in this case I thought explaining why 100/150 a month might be a shaky position to be in...  there is a lot of info not spoken here on the boards and I try to fill in that gap when I can. 

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    @Nathan Gesner Having been a tenant for a large portion of my life I can tell you that tenants need support against slum lords, uneducated LLs, etc.   The power imbalance is real and LLs usually have the resources to lawyer up and tenants do not. So, LLs brought this upon themselves by being terrible LLs and doing things that allowed these type of services to flourish.  Nowadays they help tenants with understanding their rights etc.    Seems a bit cold hearted to be against them. 

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y

    All this does is push small landlords out of business and turns another industry into a corporate only. That is what happened to drug stores, retail and so many other industries. Should we be surprised in a state with some of the most dominant corporations? Starbucks put countless small coffee shops out of business. Amazon put every book store out of business and Bezos has media control. Microsoft dominates software and even purchased GitHub, taking over the "open source", which is the domain of small developers. Zillow is taking control of the real estate industry, with designs on becoming the only place to buy, sell or rent real estate. Zillow was sending emails to tenants during the pandemic advising them of their right to not pay rent. Seriously, you pay to list your property with ZIllow, they collect email addresses of renters and then tell them they don't need to pay you! How long before Zillow tries to buy BP or run it out of business? All these companies love restrictive legislation, because it always favors large corporations. 

    The majority of low income and sub prime (less qualified) tenants rent from small mom and pop landlords. Do any of you think a corporation would give a high-risk applicant a "second chance"? Big corporations screen out these tenants, so they will largely be unaffected by this. The only way that corporations rent to high risk people is with guaranteed government funding, so they don't have risk. Corporations would happily see expansion of complicated government housing programs that freeze out small investors.

    Look at any D class property in a rough neighborhood (maybe even C class) and it is not owned by corporations. These properties are the only place that the most vulnerable or troubled people can find to rent. Take that away and the homeless problem skyrockets. That is what already happening in Washington. The more regulations there are, the harder it is for small companies to comply.  It forces rents higher and forces stronger screening standards. You hurt the people you claim to help. 

    We have a court system that is already sympathetic to renters. We don't need to pad the pockets of lawyers to needlessly draw out evictions. If a tenant is vulnerable and in need, give them rent assistance. If the tenant doesn't qualify or refuses assistance, they need to move out. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Mary M.:

    @Nathan Gesner Having been a tenant for a large portion of my life I can tell you that tenants need support against slum lords, uneducated LLs, etc.   The power imbalance is real and LLs usually have the resources to lawyer up and tenants do not. So, LLs brought this upon themselves by being terrible LLs and doing things that allowed these type of services to flourish.  Nowadays they help tenants with understanding their rights etc.    Seems a bit cold hearted to be against them. 

    Your feelings are based on your starting assumption.

    Almost every Landlord I know started off with good intentions and the idea that renters are good people. If you provide someone with a clean, functional home and take care of maintenance, they will pay rent on time and return the property in good condition. A large percentage of these Landlords give their tenants gifts, keep rent low, offer major discounts or even an entire month free for Christmas, buy presents for the kids, upgrade the rentals to keep their tenant happy, etc.

    Then reality hits when one of their tenants starts making excuses and stops paying rent. They stop talking. They refuse to answer the door. They eventually move out (or are evicted) and leave behind months of unpaid rent and utilities along with thousands (sometimes tens of thousands) in damages. Some Landlords are very forgiving and they continue their same process and are burned multiple times. My father-in-law is just one of dozens of examples that probably lost over $100,000 with is six rentals in about a 20-year period because he kept acting as if the bad tenants were rare instances. Lesson learned.

    There are bad Landlords, but in my experience there are far more bad renters than bad Landlords. We hear about the horror cases like the Landlord that kidnapped his tenant and dumped them in the snow a month back. But if the nightly news covered every bad renter, I bet it would be a 100:1 ratio and people would be amazed by what Landlords put up with.

    Again, it's no skin off my nose. I obey the law, I treat people honestly and fairly, and I document everything so that bad actors would never be able to prove their case against me.

    The DIY Landlord Book4.7248 Reviews
  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y

    The question is should the government be in a position to support one side in a civil issue? The courts are there and are supposed to be unbiased to all, with or without professional representation. Why does one side deserve to have their argument publicly funded? Would you be OK with the government providing free attorneys for people who feel they have been wronged by a plumber? How about wronged by a pizza shop? 

    Government should be there to maintain the scales of justice, not have a finger on one side of the scale. If the government feels strongly enough about the issue that they want to use taxpayer funds to provide legal representation, then they should be unbiased in that and provide it for both sides.

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y
    Originally posted by @Mary M.:

    150/month is a very slim margin and one large expense will wipe out any profit - possibly for many years.....  there is the maxim that we all should have one years worth of expenses (or income) set aside as reserves....  but at 100-150/mo that is not much of a cushion...  a new HVAC system and that money is gone So yeah, its a risky model...  however, it is how many folks get into investing and ultimately and hopefully they provide safe, clean and affordable housing for folks.....

    I see a pattern here from the non-landlords:

    Landlord makes $150/month, they're fools who deserve to go out of business.

    Landlord makes $500/month, they're thieves who deserve to go out of business.

    You can't win when you're dealing with irrational, uneducated people. 

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