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Letter: Legal system stymieing landlords’ ability to evict problem tenants

May 14, 2021

Judges are ignoring the rules of the CDC moratorium. The CDC states clearly the purpose is to protect tenants from eviction due to of non rent payment and trespassing, and mitigating the spread of Covid. Let’s say a tenant commits CLEAR criminal nuisance — arrest record, mugshot and witness statements are provided, and violates several areas of the contract harassing/ keeping the landlord and other tenants from peaceful enjoyment of the property causing downright anxiety. The eviction should be simple and clear as the nose on my face but it isn’t. Judges are allowed to interpret the rules as they wish and do whatever they want without liability or accountability for any damages it may cause the landlord, or anything for that matter. There is a judicial review committee but they will tell you they cannot change a judge’s ruling or be liable for damages so I’m not sure what their job really is?

After 17 years in the rental business I’ve never seen such blatant, blanket prejudicial treatment of landlords and preferential treatment of tenants. It seems Judges are under the belief that their job is to prevent homelessness not uphold the law: duty to decide if the eviction is within criminal nuisance and moratorium rules. This forces landlords to become homeless shelters and halfway houses for criminals on their privately owned properties to which the government has no legal rights, infringing on a person’s 5th amendment right to private property ownership, and causing substantial damages to landlords: financial, emotional, psychological, property damage and validates litigious tenants who have come to believe they can DO WHATEVER THEY WANT because the judges are encouraging their lies, their behavior and are denying landlords due process by extending evictions and withholding judgment for as long as they want. If a landlord cannot uphold a legally binding contract — there is absolutely no protection for landlords: no need to expose yourselves to litigation and liability. It’s pointless, that’s why they are selling their properties and getting out of the business. Has anyone ever met an honest tenant on eviction? They are never fined are they?

Haydee Ewing

Ogden

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