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From what I have read, landlords are suppose to have some avenue for relief if we can't physically remove a tenant. What authority would handle that or are we just completely screwed. Anyone with more info would be a great help.
1 posted on 09/02/2020 7:26:47 AM PDT by eastforker
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To: eastforker

I know my in-laws just got a judgement to remove a tenant, but the non-payment wasn’t used, it was the presence of a prohibited dog breed that got the results. Am interested in what comes out of the thread, we have a few rentals, they’ve got a pile.


2 posted on 09/02/2020 7:31:07 AM PDT by FreedomPoster (Islam delenda est)
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To: eastforker

Good luck.

You have my sympathy.


3 posted on 09/02/2020 7:31:13 AM PDT by Mariner (War Criminal #18)
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To: eastforker

It depends on State Laws.
Good thing you don’t live in OR.
It is almost impossible to evict someone.
I know a friend who lost her home back around 2005 because an Indian refused to leave her home in OR.


4 posted on 09/02/2020 7:34:26 AM PDT by Zathras
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To: eastforker

With the new Executive Order, it may be more difficult if not impossible to evict a tenant. Just consider it to be the government forcing you to be very charitable to your tenant.

What’s a year or so with no rental income but while keeping the obligations of mortgage, insurance and property taxes?


9 posted on 09/02/2020 7:43:22 AM PDT by Meatspace
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To: eastforker

Sounds like it’s all going by the book. When the sheriff gets notice, an appointment will be made for the sheriff to go to the property. You or a representative needs to be there. If the tenant is there, the sheriff will have them vacate. Any tenant possessions left behind can be moved to the right of way of the street (means moved to the area against the curb of the street generally) You should make an appointment for the same time to have a locksmith change the locks.

What typically happens is the tenant and some possessions will be gone when you get there. They usually leave a lot of crud behind. What’s left goes to the curb and is no longer your responsibility. The sheriff will tell you where to put it. Change the locks!


11 posted on 09/02/2020 7:48:08 AM PDT by SaxxonWoods (Prediction: G. Maxwell will surprise eOnveryone by not dying anytime soon.)
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To: eastforker

This is all going to depend on your location. I suspect here in Texas the CDC order will be followed, almost certainly in the big cities. Non payment of rent will not work for eviction, some other things like say a meth lab will work. I suspect Gov. Abbott or our State Supreme Court will issue some guidance.


12 posted on 09/02/2020 7:48:45 AM PDT by nomorelurker
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To: eastforker

hate to say this but sometimes it is cheaper to bribe them to leave.

Keep your eyes on the long term situation and cut losses.

My properties are in a rural town with a shortage of rental property. I try to keep my properties top notch and have attracted good Hispanic tenants. Have sorted out the bad ones and I have a reputation among them.

More important than ever to be around the properties often so you develop a relationship and catch problem early.


17 posted on 09/02/2020 7:52:34 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: eastforker

Cash for keys is the only foolproof method with current moratorium.


20 posted on 09/02/2020 8:00:48 AM PDT by chriscraft
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To: eastforker

We’re landlords but we’re fortunate our tenants are paying the rent. Evictions are at a stop in much of the country.

I’ve read that up to half of landlords aren’t getting the rent, whether tenants lack income or rent strike.

Lifestyles Unlimited sent out a newsletter on what to do. It included advising people to file for welfare and unemployment so they can pay the rent and looking for ways you can legally evict such as lease violations (attacking neighbors, criminal cases).

Mortgage forbearance for you as a landlord has to be done with your lender. Insurers are allowing for delays and some late fee forgiveness, too.

A few states have passed rules making it harder for a landlord’s property to be seized for nonpayment of the mortgage.

California
https://calmatters.org/housing/2020/08/renters-landlords-eviction-deal-california-pandemic-moratorium/

You’re asking for relief. In theory, the CARES act helps.

The CARES Act also includes programs through the Small Business Administration (SBA) for helping small businesses—and yes, landlords do qualify!

You must own your rental properties under an LLC, and should apply for relief as a “business with not more than 500 employees.”

If you do have one or a few employees, the Paycheck Protection Program (PPP) is a potentially forgivable loan for employers who maintain their payroll during the COVID-19 crisis.

The Economic Injury Disaster Loan (EIDL) offers emergency grants up to $10,000 to small businesses harmed because of the coronavirus.

Reference: https://www.realtor.com/advice/rent/got-a-tenant-who-cant-pay-rent-covid-19-guide-for-landlords/

Personally, I’d avoid a PPP loan given all the strings Democrats tried to stick to it and would likely require for total loan forgiveness. However, I realize we’re blessed to have 70% of our prior takehome pay plus the rental income on our old home.


29 posted on 09/02/2020 8:31:47 AM PDT by tbw2
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To: eastforker

Another strategy is to put it up for sale. I did this with one property to get rid of bad tenants. But you have to actually sell it.

Your right to sell, so far is still strong. At least for Iowa law. Not sure of the interaction with some of the current laws.


35 posted on 09/02/2020 8:39:23 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: eastforker

My business landlord has been great. He worked with us and we are now caught up.

He shared that he has 11 tenants. Only two paid rent in April. Four paid rent in May. I was the only one that contacted him in March to say we have to have a discussion about the rent. At last count two of his tenants did the midnight bug out and three of the remaining tenants haven’t paid a dime in rent in six months.

It is not a good time to be a landlord.


38 posted on 09/02/2020 8:46:41 AM PDT by Crusher138 ("Then conquer we must, for our cause it is just")
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To: eastforker
You found evidence of illicit drug activity on the property didn't you?

*cough* Didn't you?

39 posted on 09/02/2020 8:47:17 AM PDT by thescourged1
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To: eastforker

No one can answer unless we know what state you’re in.


46 posted on 09/02/2020 9:17:51 AM PDT by Pollard (You can’t be for “defunding the police” and against “vigilantism” at the same time.)
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To: eastforker
SOL...Top down, gop or dem, big gov is in control.

Trump moves to ban evictions nationwide through December

48 posted on 09/02/2020 9:58:14 AM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: eastforker

I don’t know what the start date is on the suspension of evictions for nonpayment of rent due to COVID-19 unemployment. But IIUC, some have been getting more money on combined benefits than when they worked full time. They have to prove the hardship to be protected.


61 posted on 09/03/2020 8:37:45 AM PDT by JimRed (TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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