Purchased duplex in KCKS in Jan. Inherited one tenant who informed us shortly after closing that she lost her job due to COVID. To date she has paid $500 out of $3400 rent. Her lease ends in August.
My PM has been pushing local rent-assistance programs to her since March. Tenant states she has applied with United Way but hasn't shown any confirmation and of late will not provide a status update. My PM says we can't apply for eviction until July 1, but by the time it has processed her lease will almost be up, so seems like a waste.
Has anyone been dealing with this type of situation? These programs are in place to help the tenant, thus they require action from the tenant. I haven't seen any where I or the PM can apply for her without her direct cooperation. It would be a shame for tenant and I both to not utilize these programs. Any advice is appreciated!
@Liz Ellis
Hello Liz.
Sorry you have to deal with a tenant like this. From what I'm reading - seems to be a tenant who's taking advantage of you guys but that's just my 2 cents.
On both Jackson County and Wyandotte counties - there's been so so much help provided to renters who's been effected by COVID. Also, those tenants are required to make declaration /forms signed by them and handed over to you or PM. There's actually a Kansas city regional covid19 funds in the millions that's been received. United services is the agency who's handling that. It's doesn't hurt for you or PM to call United services and ask about their process and maybe your tenant's status. I also posted a link for you to read. There's so many jobs available for people to get back to work. Also the govern stops people's unemployment to get their butts back to work lol. In all seriousness, I think you guys should off CASH for keys or start the eviction process to regroup lost rents just in case. Here's the email to Wyandotte County courts of you wanna just email them and ask if you can go ahead and file papers.
Kansas don't play like this! The tenant is protected BUT ONLY if they signed forms and those forms says....they are still required to make good On their lease and make some type of payment or get their assistance OR ELSE THE LANDLORD IS GOOD TO GO FILING EVICTIONS. They don't get both! Good luck!I
Here's a copy and paste from the courts website
-Kansas Eviction Prevention Program
Through the Kansas Eviction Protection Program, landlords and tenants apply for up to $5,000 per household to cover delinquent rental payments dating as far back as April 1, 2020.
*** and ***
-CDC eviction moratorium form
To claim application of the CDC moratorium on evictions, the CDC order requires the tenant to deliver a completed declaration to their landlord. The CDC order does not extend to foreclosures on home mortgages, and it does not prevent evictions on other grounds.
https://www.kscourts.org/Public/Find-a-Form/Judicial-Branch-Court-Forms
https://www.kscourts.org/KSCourts/media/KsCourts/Public/Court%20Forms/CDCDeclarationHaltEvictionCOVID19.pdf
http://www.wyandottedaily.com/covid-19-funds-available-to-help-those-who-may-be-evicted-in-kc-area/
Hi Liz!
There is at least a National level form that she should have filled out as far as the eviction for nonpayment protection goes- maybe she has done this already.
https://www.cdc.gov/coronaviru...
This is to say that tenants are supposed to make partial payments if possible (which you said she has), and that payments will be due when the moratorium ends in some States. If this has not been filled out, landlords may challenge this and falsified or incomplete documents may be punishable under perjury - but realistically courts will be so backed up with these it seems unlikely in most cases maybe.
I'm not sure of any programs available for application on the tenants behalf (for you or the PM to do directly without her) but this link may have some more information for you; (The National Landlord Association)
@Liz Ellis
Hello Liz.
Sorry you have to deal with a tenant like this. From what I'm reading - seems to be a tenant who's taking advantage of you guys but that's just my 2 cents.
On both Jackson County and Wyandotte counties - there's been so so much help provided to renters who's been effected by COVID. Also, those tenants are required to make declaration /forms signed by them and handed over to you or PM. There's actually a Kansas city regional covid19 funds in the millions that's been received. United services is the agency who's handling that. It's doesn't hurt for you or PM to call United services and ask about their process and maybe your tenant's status. I also posted a link for you to read. There's so many jobs available for people to get back to work. Also the govern stops people's unemployment to get their butts back to work lol. In all seriousness, I think you guys should off CASH for keys or start the eviction process to regroup lost rents just in case. Here's the email to Wyandotte County courts of you wanna just email them and ask if you can go ahead and file papers.
Kansas don't play like this! The tenant is protected BUT ONLY if they signed forms and those forms says....they are still required to make good On their lease and make some type of payment or get their assistance OR ELSE THE LANDLORD IS GOOD TO GO FILING EVICTIONS. They don't get both! Good luck!I
Here's a copy and paste from the courts website
-Kansas Eviction Prevention Program
Through the Kansas Eviction Protection Program, landlords and tenants apply for up to $5,000 per household to cover delinquent rental payments dating as far back as April 1, 2020.
*** and ***
-CDC eviction moratorium form
To claim application of the CDC moratorium on evictions, the CDC order requires the tenant to deliver a completed declaration to their landlord. The CDC order does not extend to foreclosures on home mortgages, and it does not prevent evictions on other grounds.
https://www.kscourts.org/Public/Find-a-Form/Judicial-Branch-Court-Forms
https://www.kscourts.org/KSCourts/media/KsCourts/Public/Court%20Forms/CDCDeclarationHaltEvictionCOVID19.pdf
http://www.wyandottedaily.com/covid-19-funds-available-to-help-those-who-may-be-evicted-in-kc-area/
It is frustrating when there is help and the tenants don't care. Fill out the paperwork and tell her she needs to sign it, so you can submit it. If she refuses, let her know that she can either move out or you will file for an eviction July 1. Doesn't matter that it may take a while, it will go on her record. The fact that she can't be bothered to try and get money for rent doesn't say much about her.
When does her lease expire? According to the legal department at the National Apartment Association the CDC eviction moratorium does not apply to evictions for other than non payment of rent. That is, it doesn't prevent evictions for a lease ending. I don't know if your state has a prohibition against that.
Follow up - I offered my PM 15% vs the regular 10% of any money we get from a local or federal program if she would go and sit with the tenant and apply. She did that and the application was accepted in June. In August we got back bay from the KERA program totaling nearly $5000 including late fees.