So I have a rental property in Las Vegas, where my tenants have been unable to pay since May; they have otherwise been great tenants until then. Well this quickly burned through all savings I have made for this unit. After failing to get an eviction granted before the second Nevada moratorium, I was finally granted an eviction in December. Due to the moratoriums and the fact that my tenants have filled out the CDC declaration, however, has stopped the constable from heading out to the property with the locksmith. Also had no luck with the landlord aid application (CHAP) in December.
Now it appears that one of my tenants has been re-hired with reduced hours, so they would be able to pay something. My main question is, given the complexity of the situation, can/should I cancel the eviction and work a deal with my tenants to minimize the further losses I would otherwise incur (I'm assuming the moratorium gets pushed to September, and some cash is better than none)?
What, if any, legal issues may I run into if I do decide to accept money from my tenants?
@Ben Smith This is certainly a difficult time for everyone and landlords are no exception.
How quickly do you think a paying tenant can be put in if the current tenants were evicted?
I've had units sitting vacant for months so you'll want to take that into consideration. it could be seasonal but it could also be because of the moratorium or pandemic.
If they were good, paying tenants before then you could consider working with them and putting them on a payment plan to eventually get caught back up on their rent.
I'm not an attorney, so I do not know of the legal ramifications of accepting money from a tenant who is being evicted.
@Ben Smith have you been able to verify the tenants applied for the CHAP funds? If you have not already you might try applying for it on their behalf. The earlier the better because from what I am hearing in Las Vegas/Henderson is the application time is at least 4 weeks and then once approved the check processing time is at least 1.5 months. This of course is always changing. I have had a few successes for obtaining rental assistance for my property management clients and my own rental as well. It takes time, persistence, and paperwork. Something to keep in mind is once you receive the assistance funds you cannot evict tenants for 60 days due to rent.
As for the question on accepting partial payments and continuing to work with the tenant is really a balancing act with a lot of moving parts. This I would not provide advice on because each situation is very different. I would speak with an attorney to get as much information as you can to make an informed decision.