Landlord Protection From Renters Taking Mtg Forbearance

3 Replies

Hi All,

Anyone know if it can be written into the contract that renters will not be allowed to take mortgage/rent forbearance? I'm a landlord about to list a rental and would like to avoid a tenant occupying the property and then telling me they can't pay rent due to COVID. 

Thanks in advance!

It cannot.  Your contract is between you and your tenant so you have some flexibility in the terms however state and federal law still trump your contract.  Your best protection however occurs before a contract is even signed.  Create qualifications and stick to them and require as much deposit as you think you can get without hurting your chances of renting too much or violating local laws.  If you find a tenant with decent credit who pays their bills they are likely to continue paying you.  People with shaky credit who don’t pay their bills and have had previous evictions are likely to have the same issues with you.  Take your time to find the right tenant I’d much rather have a vacant house with no rent than an occupied one where my gambles on a tenant didn’t pay out.  

Contracts already say that tenants have to pay rent, but then the federal government stepped in and said they don't have to. You can't do anything about that.

Just be very vigilant with your screening. The overwhelming majority of renters paid their rent on time and haven't been a problem. IF they managed to pay rent for the past year during the most difficult times, they should be find going forward.