Property manager is powerless to collect rent or evict tenant

Property manager is powerless to collect rent or evict tenant

Phoenix, AZ · Member since 2015 · 82 posts · 49 votes

I have my first tenant that is a month behind in rent, in 2020 I have been fortunate with receiving all rent payments to date... I am grateful for that.

My property manager has expressed their intention to ask the tenant to pay their rent and that we should be grateful to be able to collect even "small" amounts of rent in this covid environment.

I goes against my landlord instincts to "ask" or "try" to get tenants to pay "small" amounts of rent in the "hope" that they will pay in full someday.

My concern is some indefinite number of months of this strategy could pass before you finally could obtain an eviction. What incentive does a tenant have to pay rent? (Assuming they don't care about their credit or rental history) 

Typically you would start the eviction process to get a judgement and evict the tenant, but my PM has stated that if this tenant fills out the CDC form stating they can not pay rent because they have been affected by COVID it will stop the court proceedings. I am assuming the tenant can't just state they have been affected and has to prove it? (This is in AZ and their eviction moratorium currently runs through 1/31/21)

Is the following the generally accepted landlord approach today for tenants shielded from eviction due to covid?

- Ask/work with tenants to pay what they can, when they can. Back rent due builds up indefinitely. Hope they pay in full eventually and if they don't wait for eviction moratorium to lift (someday) to obtain judgement and eviction.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Check out the new covid relief as I believe there is something in there for landlords where they can fill out paperwork and get rent paid.

    Your PM is right-the only way to evict them is for breaking the lease (other than non-payment).  they still owe the rent.  With one month behind, once they leave, you can keep the deposit to cover the lost rent (make sure the PM does that and gives it to you).

  • Phoenix, AZ · Member since 2015 · 82 posts · 49 votes
    5y

    FYI for those interested in AZ:

    Rental Housing Support : This program is currently accepting applications for those who started an application prior to October 28, 2020 and are currently in “draft” status. Once these applications are reviewed, the portal may reopen to new applicants.

    https://arizonatogether.org/gr...

  • Property Manager · Member since 2020 · 108 posts · 68 votes
    5y

    @James Conaway

    I am a fellow property manager and as of right now it is best to work out payment plans with residents who have shown the ability to pay. When you have a resident who wants to live for free ( 2 months of not paying anything). I would start the eviction process

  • Property Manager · Lindenhurst, IL · Member since 2016 · 854 posts · 506 votes
    5y

    I have an owner who was able to get some rental assistant from my state. The bill that just passed has $25 billion in rental assistant.  

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    The eviction moratorium probably applies. Even if it didn't, you may have a difficult time getting a court-awarded eviction because judges are hesitant to kick anyone out due COVID-19.

    As long as the tenant is communicating and making some effort, I recommend you hang on. Make sure your PM is pointing the tenant towards rental assistance programs through the state, churches, or whatever is available. There's also assistance coming in the new "stimulus" bill that should help landlords that have lost money during 2020.

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