on 3/29/2021 at 3:25 PM

Latest CDC Order

From: Harry Heist

User Posts: 9 - New User

Any opinions on the latest CDC Order?

Nonrenewal of month to month or holdover of lease evictions still permitted if a Declaration in place?

Evictions almost completed before September 4 where the final action (removal) is held up?

Can evictions still be filed just not completed if a Declaration is in place?

What is all this about “trespass”. A trespasser does not pay rent therefore could not qualify under a Declaration.  

https://www.cdc.gov/coronaviru...

Harry Heist

UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION  

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com
Email: harry@evict.com

Reply
Reply with Quote
2 people saw this online 15 people saw this by email
Most helpful posts
1. Hi Harry, Not sure how the reference to...
on 3/30/2021 at 9:39 PM

From: James Barron

User Posts: 2 - New User

Hi Harry,

Not sure how the reference to "criminal trespass" affects our hold-over evictions.  A hold-over tenant is not a criminal trespasser.  A hold-over tenant is a Civil matter involving a tenant with a contract for possession of a dwelling that has expired and the tenant refuses to vacate.  A Criminal Trespasser commits a crime by occupying a dwelling without the consent of the owner of the dwelling and without any prior contract and it is a Criminal matter.   If the CDC can tell a landlord that you must provide housing for free after the lease contract has expired then that is clearly a "taking without just compensation."  According to the Supreme Court, an unconstitutional taking consists of two components:  taking of property and subsequent denial of just compensation.  Hold-over evictions should be allowed to go forward without delay, even with this new Order from the CDC.

James Barron

Reply with Quote