[RPPTL Leasing Committee] Very interesting eviction case

[RPPTL Real Estate Leasing Committee]

I had this exact discussion yesterday with our property owners/managers,
and completely agree that these moratoriums are takings under the 5th
amendment. The government doesn't allow landlords to engage in self help
and requires a judicial court order for eviction. The government then
prohibits both judicial evictions and self help.

I think the eviction moratoriums are justified considering the pandemic,
and the government has the right to issue them under police powers. But if
the government is enlisting private property to further a public purpose,
then the government needs to provide just compensation.

Procedurally, I don't think the court can disregard the CDC order; I would
think that a landlord has to sue the federal government for a takings
compensation. As a landlord rep, I wouldn't be upset with this outcome.
Separately, the CDC moratorium requires the tenant to make "substantial
payments". I don't think this tenant qualifies for protection. For my
Alabama property, that court is automatically setting every eviction case
for a CDC evidentiary hearing. If the tenant doesn't show up to court and
demonstrate that they qualify for CDC protections, then the eviction is
granted. Unfortunately, the sheriff is not keen to serve writs of
possession right now.



*--*
*James "Jimmy" Glover*
General Counsel

*Circle Property Management,
Inc.office: 772-888-0865email: James at CircleRentals.com
<James at circlerentals.com>address: P.O. Box 1026, Jensen Beach, FL
34958Licensed Attorney in Florida and Alabama*

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On Tue, Dec 15, 2020 at 10:07 AM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> This one is a doozy.
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> Anyone see it?
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> Opinions?
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>
> Harry Heist
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> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367
> 9038"Serving the Property Management Professional"Website:  *
> *www.evict.com* <http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
>
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> *Visit us on Facebook*
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