Brett Kavanaugh’s Eviction Lesson · Page 2

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zitotczito
Herf-A-Holic

5 years ago

#21

It is situations like this that make me wonder why the Vile Democrats work so hard to stop a GOP President's selection of a SCJ. They get on the court, get infected by the Democrat cancer and they turn into a Democrat. The Democrat SC justices are already infected with the cancer and can never be saved.

RayR
Herf-A-Holic

5 years ago

#22

Yup. scratch your typical appointment of a "conservative" justice that the vile Marxist Democrats whine about and you'll find a judge with concealed big government impulses. So why do they protest so much? Just to put on a clown show I think. 🤡

rfenst
Herf-A-Holic Topic Starter

5 years ago

#23

Your boy picked him...
Don't worry. He just tripped over his shoe laces, but is already back on board.

frankj1
Herf-A-Holic

5 years ago

#24

such whining!

RayR
Herf-A-Holic

5 years ago

#25

Your boy picked him...
Don't worry. He just tripped over his shoe laces, but is already back on board.

rfenst wrote:

Who are you talking too Robert?

Abrignac
Herf-A-Holic

5 years ago

#26

Robert could one make an effective argument that the eviction moratorium is an unlawful government taking of property?

rfenst
Herf-A-Holic Topic Starter

5 years ago

#27

Robert could one make an effective argument that the eviction moratorium is an unlawful government taking of property?

Abrignac wrote:

Yes. And the proper amount of damages would be the lost rent.

frankj1
Herf-A-Holic

5 years ago

#28

Yes. And the proper amount of damages would be the lost rent.

rfenst wrote:

I guess payments to the landlords by the states with the billions they received are held up at least partly because no path of such payments (states to landlords) had existed before this.

So I'm wondering, Robert. Would a tenant have any legal grounds to claim the rent money is temporarily in limbo but will eventually be released making it an eviction without unpaid rent?

rfenst
Herf-A-Holic Topic Starter

5 years ago

#29

frankj1 wrote:

No, unless their is a state or federal law allowing that.

But, where would that tenants have to go to with their **** rent payment history? And, what kind of payment history could alternative tenants with the same type of bad rent paying history be counted on.

It is probably better for some landlords to keep the people in the residence so as to get the financial aid that is being held up too long for them because it is the tenant who has to make the claim, IIRC

Edited by user 5 years ago | Reason: Not specified

frankj1
Herf-A-Holic

5 years ago

#30

rfenst wrote:

does that mean if a landlord evicts a tenant the landlord would not get the rent past due?

rfenst
Herf-A-Holic Topic Starter

5 years ago

#31

does that mean if a landlord evicts a tenant the landlord would not get the rent past due?

frankj1 wrote:

IDK, but will read up om it and give you a better response. But, remember one thing. Residential tenants cannot be evicted as of now.

Addendum:

1) It varies state by state whether the eviction law suit may be filed and then put on hold.

"WHAT IF MY LANDLORD IGNORES THE DECLARATION AND MOVES FORWARD WITH EVICTION?
While your landlord may be able to file an eviction lawsuit under the CDC’s moratorium, many such cases
are improper under state law and should be dismissed. Even if allowed, a landlord cannot remove you
from the property before July 1, 2021. As a tenant, you retain all existing rights and protections against
eviction under applicable state law. NLIHC and NHLP recommend you call your local legal aid office, tenant
association, or local bar association for assistance.

2) Landlords in violation of the moratorium may be subject to a fine of up to $100,000, one year in jail, or
both; the fine increases to $250,000 if the violation results in the death of a tenant. Organizations found
to be in violation of the moratorium may be subject to a fine of up to $200,000 per violation, or up to
$500,000 per violation if the violation results in a death."https://nlihc.org/sites/default/files/National-Eviction-Moratorium_FAQ-for-Renters.pdf

That is to say: The moratorium also spelled out criminal penalties for landlords who defy it: up to $100,000 in fines or a one-year jail sentence, and up to $250,000 in fines if the tenant dies of the virus because they were evicted. Corporate landlords could see harsher consequences.Orlando Sentinel.

(Hope this answers your question.)

Edited by user 5 years ago | Reason: Not specified

BuckyB93
Herf-A-Holic

5 years ago

#32

I don't know details or how it works here in MA but as I understand it (very limited understanding since it's not an issue for me), you had to notify the landlord and submit some paperwork proving a hardship or something or other in order to be covered on the no eviction thing.

In order to actually evict, the landlord needs to get an official eviction thingy from the housing court (or whatever it's called). The tenant would be given a copy of the court's finding and, I guess, a chance to appeal. Once it's all set in stone then it's the Sheriff department's job to enforce eviction by showing up at your house/apartment saying you have two hours (or whatever) to pack up you $hit and get out.

I think the landlord can still take you to small claims court in attempts to recover any back rent. Again, it's another court battle bull$hit.

I would never want to be a landlord. I thought about buying rental properties a while back and looked into it briefly. Yeah, no... not for me... not here in MA. Way to much of a headache.

Edited by user 5 years ago | Reason: Not specified

delta1
Herf-A-Holic

5 years ago

#33

Sounds like MACS partied with Brett back in high school. I heard it was pretty wild.

Stogie1020 wrote:

Kavanaugh: I like beer, OK? I like beer, what do you like...

MACS: I really like beer...

rfenst
Herf-A-Holic Topic Starter

5 years ago

#34

Does that mean if a landlord evicts a tenant the landlord would not get the rent past due?

frankj1 wrote:

Here is a better answer...

NYT
Many landlords say they have no wish to keep renting to tenants who have repeatedly shown them that they cannot pay. That sentiment has sometimes been a barrier in administering pandemic rental aid. Program rules often require landlords who accept rent aid, even in partial sums, to forgo evictions for a set period. Many property owners don’t want to keep tenants with a history of not paying.

Stogie1020
Herf-A-Holic

5 years ago

#35

Kavanaugh: I like beer, OK? I like beer, what do you like...

MACS: I really like beer...

delta1 wrote:

I made an assumption based on that same thought process...

Abrignac
Herf-A-Holic

5 years ago

#36

frankj1 wrote:

In other words, the administration failed to adequately prepare for the collateral damage caused by the moratorium. No surprise. That's business as usual. The administrative branch historically has never considered such.

frankj1
Herf-A-Holic

5 years ago

#37

Abrignac wrote:

I think that's a bit too partisan, Anth...though not fringy crazy.
Thanks again for that.

There has simply never been a route created for this relief money by states before now. To dump a ton of cash on each state with the intention of the states then properly distributing that money quickly to the hurting landlords specifically for redeeming deserving tenants is unrealistic.

In a year plus of "unprecedented", this is a big one. Every business, and every government department have been turned upside down. I would never expect smooth and fluid performance on stuff like this. I know that even in the smoothest of times they're gonna fark up!

Robert's post about landlords made me realize I never thought about tenants who had been chronic payment problems prior to the wave created by the tentacles of the pandemic...job loss, day care loss, etc.

How can we expect anyone to rapidly sort through all the claims and decide which landlords and which tenants deserve help?

Abrignac
Herf-A-Holic

5 years ago

#38

frankj1 wrote:

All great points Frank. But, it seems like nothing was really attempted either. Also, those funds should have gone to the landlords, not the tenants.

Edited by user 5 years ago | Reason: Not specified

frankj1
Herf-A-Holic

5 years ago

#39

All great points Frank. But, it seems like nothing was really attempted either. Also, those funds should have gone to the landlords, not the tenants.

Abrignac wrote:

I might be wrong but I think it is designated to go to landlords and simply hasn't moved to them...?

I'd agree that landlords should be allowed to evict chronic non-payers from before covid, but do Americans agree that many tenants were good prior to this insanity and should somehow be allowed to stay knowing the rent will eventually get to the landlord? I mean, the states have the cash now, have had it for a few months!

rfenst
Herf-A-Holic Topic Starter

5 years ago

#40

How can we expect anyone to rapidly sort through all the claims and decide which landlords and which tenants deserve help?

frankj1 wrote:

There are nationally known lawyers/accountants/adjusters and the like who specialize in disbursing class action funds to many, many claimants. They consider and devise criteria, payout formulas and determine exactly what evidence is supplied, all with court approval. Sometimes it can take a full year to get things up and running after the lump sum of money is accessible to them so they can do their jobs. I think the disbursal problems are all on the states...

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