Tenant taking advantage of CDC’s Temporary Halt in Evictions??

Question

My tenant just sent me their "Declaration under Penalty of Perjury for the CDC’s Temporary Halt in Evictions".They moved in Aug 1. They have not paid rent for Sept, Oct, and now Nov.

Separate from the fact that I am an IDIOT for "being nice" to the tenant and her family, and trusting the tenant's word that "the money is coming" - what are my options?

The tenant had mentioned:

• [Sept 16] She was waiting on COIVID partial unemployment payment from the 3 weeks she was out of work
• [Oct 8] She can "give (me) a little every Friday" (have gotten $0 since)
• [Oct 9] She "should be able to get caught up" by end of Oct (she said she had some sources of funds she can get access to before the end of the month)
• [Oct 20] She confirmed she "should still be able to get caught up on rent"
• [Nov 2] She "has money coming but (she) didn't know when it will be in (her) account" and that "it's processing" and "once (she) has it, (she) will be able to pay all the rent, late fees, and pet deposit."
• [Nov 3] "Bank is still processing"
• [Nov 6] "No one can give me an exact time as to when the money will clear my account. It still says processing"; "I'm paying you everything once it clears. Late fees and everything"

On Nov 5, I mailed the tenant an Eviction Notice (Notice to Quit) via Certified Mail.

On Nov 6, I asked her for a screenshot or a group phone call to prove that the funds were still processing - and the tenant has been silent.

On Nov 8, I received a "Declaration under Penalty of Perjury for the CDC’s Temporary Halt in Evictions" from the tenant.

I understand that this CDC Eviction Moratorium requires that the tenant:

• 1. Used best efforts to obtain all assistance options for rent
• 2. Earns less than $99k (or $198 for joint)
• 3. Is unable to pay rent due to substantial loss of household income or medical expenses
• 4. Using best efforts to make timely partial payments as circumstances may permit
• 5. If evicted, would become homeless or need to move into a residence shared by other people in close quarters
• 6. Would still need to comply with other obligations under the lease agreement
• 7. Would have to pay the balance owed in full at the end of the temporary halt on evictions (currently Dec 31, 2020).

How do I prove that she failed #1 or #4 - especially with what the tenant was telling me above? Can her words be used against her?

I also know #5 is not true - she moved into the property from her mother's house (who lives close by). How could I use this against her? (Technically she should be able to get evicted and move back in with her mother, worst case scenario)

Calvin Lin · Answer

Question was a background check done on this tenant prior to signing the lease? Just want to learn if something was missed if a credit report was ran on her.

Michael Noto · Answer

This is typical behavior from a professional tenant who knows all of the rules and is leveraging them to the max to not have to pay rent. This happened before COVID and to be honest is very easy for the tenant to do now. Who is going to hold them accountable? The answer is no one.

Liam B. · Answer

You don't really stand a chance. You and 1000's of others are going through the same thing. They will live for free for as long as CDC Evicition Moratorium is in place. Sadly, you will get $0 back from this person when you try to get back rent. Even if you get an attorney and win the case to eventually collect the back rent, you will never be able to collect from them. They will have/show no assets or money in the bank. Thus making you down even more after attorney fees.

Just look at the clock tick away each day until this eviction ban is lifted for you to finally evict them

Nic S. · Answer

@Takahito Torimoto man that’s sucks, I sorry you’re dealing with this. I have 1 tenant who has been citing Covid but hasn’t gone to the lengths to get a declaration.

We have sent her a letter of non renewal as a way to avoid “eviction” this is in cass county.

Matt R. · Answer

You probably need an attorney. I am not an attorney and this is not legal advice.

One of the attorneys in my area (Kansas City) that does a lot of landlord-tenant and eviction cases has been giving updates on the general situation every few weeks. It's possible to get a court hearing to challenge the tenant's CDC declaration. The lawyer said she wins some of these and loses some of these; the odds vary from county to county.

She has also said, in general, that once you get a CDC declaration from a tenant, you can't do anything else until you get a court order of some kind. I would assume that this means: you have a hearing, you win, you can proceed with eviction; you have a hearing, you lose, you have to wait until the CDC order expires; you don't have a hearing, you have to wait until the CDC order expires.

Again, I am not an attorney and this is not legal advice. You should talk to an attorney that does landlord-tenant law in your area.

Tenant taking advantage of CDC’s Temporary Halt in Evictions??

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