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Response to bucolic_frolic (Reply #26)

Fri Feb 26, 2021, 11:36 AM

34. The govenment is inserting itself into the contract in a fairly invasive way.

The government here is regulating contracts between private entities. They do it all the time, and the courts enforce it.

This typically involves the government saying that each party has to fulfill its part of the contract. On occasion that may require some "interpretation". But this situation is very different.

There's an unambiguous contract that spells out what the renter and tenants are responsible for. The government has inserted itself to say that the tenant no longer has to fulfill their requirements of the contract. (As a matter of public policy, this may be a completely good idea.) But as a result, the person who owns the rental property no longer has control over it. They are being prevented (by the government) from using it to earn rent. Even though they still have to pay for upkeep, taxes, etc. This is in every sense a "taking". The owner can't use it to make money, but still has to pay to maintain it.

The proper way to deal with this would be to have the government step in and say no evictions, but we'll pay the rent while there is a moratorium.

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bucolic_frolic Feb 26 #26
LineLineNew Reply The govenment is inserting itself into the contract in a fairly invasive way.
Dr. Strange Feb 26 #34
bucolic_frolic Feb 26 #35
TomSlick Feb 26 #40
LymphocyteLover Feb 26 #27
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