Tenant not paying rent and claiming eviction moratorium

Tenant not paying rent and claiming eviction moratorium

Member since 2020 · 10 posts · 1 vote

We have a tenant that is not paying rent and claiming the nation wide eviction moratorium.

Do we have any recourse for this and do we just have to deal with him not paying rent

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Kenneth GarrettPro Member
Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
5y

@Jayming Fang

This definitely depends.  In my state we have a governor moratorium as well as the ridiculous CDC no eviction.  You can still serve them, depending on your area file the eviction and send them to collections.  The issue is if they give you a partial payment then the eviction filing is moot.  That means you would file again if they fall behind.  I try to work with my tenants during these difficult times to collect something.  To have a tenant pay nothing is terrible and unethical on there part.  Work something out if possible.  Cash for keys if necessary.  Do whatever it takes to get them out or pay within the law.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    Start the eviction so that your ready and they know they will be evicted once moratorium is lifted.

  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    5y

    @Jayming Fang

    This definitely depends.  In my state we have a governor moratorium as well as the ridiculous CDC no eviction.  You can still serve them, depending on your area file the eviction and send them to collections.  The issue is if they give you a partial payment then the eviction filing is moot.  That means you would file again if they fall behind.  I try to work with my tenants during these difficult times to collect something.  To have a tenant pay nothing is terrible and unethical on there part.  Work something out if possible.  Cash for keys if necessary.  Do whatever it takes to get them out or pay within the law.

  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    5y

    File the eviction. If tenants are deliberately taking advantage of landlords in this situation I would recommend showing no mercy on the eviction and/or civil suit if you want to go that far.

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