Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 5 years ago,

User Stats

9
Posts
1
Votes
Brad Rabinowitz
1
Votes |
9
Posts

Tenants Using COVID Rent Moratorium as Retaliation

Brad Rabinowitz
Posted

Hi All. Long story short. I decided at the beginning of March to list my tenant occupied rental property for sale (great timing huh). My tenants at the time were very understanding and were willing to accommodate showing requests etc. That lasted about a day, after the first showings on day one of the MLS listing going live. They then made there stance very obstructive and I realized they were going to make this difficult. The lease is written in a way that 100% allows for me to market and show the property without issue.

Along came COVID-19, and I halted all showings anyhow, as requests slowed down, so they got their way. April 1st rolls around, and no rent. I served them a 3 day notice on the 2nd, which will expire on Tuesday the 7th, albeit late fees should be assessed according to the lease terms. 

Here we are at the 5th, no rent, no communication on any hardship due to COVID-19. Lease states late fees are incurred if rent is not received on or before the 5th. 

With Florida under a statewide rent moratorium, halting even the filing of eviction for nonpayment and restricting assessing late fees, I'm confident they're using this to simply be difficult and retaliate for the listing of MY property for sale. With only April and May left on their lease, and me being in possession of 2 security deposits totaling 2 months rent, I'm fairly protected, other than having zero cushion for damages to the property if I were forced to use the security deposit for the back rent. These tenants are still employed to the best of my knowledge, aren't impacted medically due to COVID-19 and combine for $250K a year in income. 

I find it completely unethical, spiteful, and flat out disgusting to use this crisis and rent freeze to their advantage when it's intended for those who have lost their source of income and/or are dealing with life and death with themselves or their loved ones.

How would you navigate this during the moratorium other than retaining a lawyer?






Loading replies...