Once the eviction is resumed, how should a landlord treat a tenant who has not paid for several months?



Q: Now that the eviction is resuming, I need to deal with my tenant who is more than six months late. I kept paying the mortgage, but it wasn’t easy. I need cash flow from a tenant who pays before I end up under the ransom. Should I know something? -Peter

A: The recent Supreme Court ruling on the CDC’s eviction moratorium removed federal obstacles to evicting tenants who did not pay their rent.

While most tenants who stopped paying did so for good reasons, the moratorium prohibited evictions, non-payment of rent, or lease compliance.

The tenants still had to maintain and pay for the house. When they stopped paying the landlord, the missed payments started to accumulate and their debt to the landlord increased.

Many tenants who have relied on this protection face insurmountable debt due to unpaid rent.

Even after the CDC moratorium was lifted, restrictions are still in place in some states and many municipalities. Before doing anything, you need to make sure that you do not reside in one of these jurisdictions.

If you have the green light where you live, you need to follow traditional steps, such as posting a notice and filing a lawsuit.

You will also need to decide whether to take the simpler route – just restoring ownership or the longer route – to seek cash compensation for late rent.

Consider the financial situation of your tenant when making this decision.

While many people really couldn’t afford to pay rent due to the COVID-19 crisis, some took advantage of their position by not paying the rent they could afford.

Other tenants recently found stable jobs as the economy reopened.

If your tenant has a steady job or valuables, it may be worth getting a monetary statement and trying to raise money.

Warning: Many homeowners have historically felt comfortable filing eviction suits, but the current climate is fraught with pitfalls and hurdles. It would be wise to consult an experienced lawyer if you are unsure of what to do.


Source link