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Updated over 4 years ago, 07/15/2020
Tenant won't leave after lease due to COVID
Sorry if this has already been talked about, I did a search and I didn't see anything. I'm actually asking for a friend of mine who lives in Miami Florida who came to me for some advice. He is in the military reserves and recently returned from a period of duty that lasted a bit over a year. During that time he rented out his condo that he owns to help cover the mortgage. He had a lease with the tenant and everything went well while he was gone, but now that he's back and the lease is over, the tenant is refusing to leave. They are claiming they can't move because of COVID-19, even though lots of apartments in the same building are open for rent and a very similar price.
He's in an interesting position because the tenant won't leave, and he can't evict them because of the COVID-19 restrictions. The tenant knows this and has stopped returning his calls and isn't paying him anymore. Now he's in a situation where he can't move back into his primary residence, so he is paying both his mortgage and rent at another unit that he is staying at.
My advice was to talk to a real estate attorney but I doubt he will until he actually has to evict them. I also recommended to maybe try and work with the tenant and find a way to keep them paying until evictions come back, but I'm wondering if anyone else has any other ideas.
In Florida the landlord has the right to charge double the monthly rent amount as holdover rent. When a tenant remains in possession of the rental after the agreement term expires they are considered a “holdover tenant” . ... In Florida the landlord has the right to charge double the monthly rent amount as holdover rent.
Since this is not a late fee or penalty, but simply a result of holdover he might be able to apply this. Talking with a local attorney is a must before taking any action though.
#3 Managing Your Property Contributor
@Jason Mileham Right now he's not in a good spot with the ban on evictions. Even if the tenant won't move out, why are they not paying rent? As they aren't willing to work with him on a payment plan... I'd serve them notice and once the courts open, evict them. That will stick with their record.
Originally posted by @Theresa Harris:
@Jason Mileham Right now he's not in a good spot with the ban on evictions. Even if the tenant won't move out, why are they not paying rent? As they aren't willing to work with him on a payment plan... I'd serve them notice and once the courts open, evict them. That will stick with their record.
Here's a question that I do not know the answer to. Is there a ban on evictions for non-payment of rent, or is the ban on any eviction whatsoever? Here in NY the ban is clearly only on evictions for non-payment - but I am not sure how the federal moratorium interfaces with our state law, and the additional challenge (at least here in NY) is even if you are allowed to evict today is finding a judge to hear your case. City hall has been closed here for weeks. Not sure about your situation in FL.
@Theresa Harris Thanks for your reply! The tenant only paid part of last month's rent and isn't returning his calls anymore so he's expecting them to not continue to pay. He did give the notice to vacate prior to the end of the lease like he was required to, so he has already started the process. The tenant waited until the last week and told him they weren't leaving. They said before it was too hard to find a new apartment because of Corona and that's why they aren't leaving, but as far as he could tell they still had their job.
@Kathy Johnson and @Wesley W. Thank you, those are both really good things for him to look into. I'll pass them on to him. I'm from PA, so I have no idea what the local laws are down there, but the holdover rent and looking at exactly what evictions are banned are both really good ideas. I sort of just figured a ban on evictions was a ban on all evictions. A good thing to look into.
@Jason Mileham Any updates on this? I am considering purchasing a property from someone that is in a similar situation.
@Jesus G. Soto Yeah, he was actually able to negotiate with the tenant and get them to pay what they owed and move out. It wasn't as quick as they were supposed to, but he now has the property in his possession again.