Tenant eviction during Covid Question?

Question

My friend has a tenant that was informed in writing two months ago that when their lease was up it would not be renewed.  The lease is up May 31st but the tenant is stating that due to Covid they do not have to go.  They have not paid rent for two months.  My friend wants to sell the property due to cancer treatments and lack of desire to own the property any longer.  My question is this:  Because the lease is up is this actually an eviction?  The tenant has no rights to stay since the lease is up.  Does the tenant actually have any rights under the Covid eviction rules since technically they are no longer legally the tenant based on the lease?  Any help would be appreciated.

Kevin L. · Answer

That is such BS! I hope your friend can claim the same back, duress and medical conditions as a result of all the stress placed upon her for not leaving the premises. I'm no lawyer but I don't believe in actual court, you can contest a non-renewal letter unless the time wasn't served enough in advance or it was improperly served but regardless of any BS duress or medical condition, that's all irrelevant. Please continue to keep me/us posted how your friend's situation played out and I hope she wins by a landslide! Does your friend have a court date at the absolute least? Mine is in the first week of August (after four postponements) but Rona cases as you know are up in Virginia 😏

Erin Malone · Answer

@Mitchell Miracle you may want to show her/him this https://www.google.com/amp/s/www.nbc12.com/2020/07/07/evictions-ramp-up-virginia-local-courts-decline-governors-request-continue-moratorium/%3FoutputType%3Damp

Mitchell Miracle · Answer

As you probably know the govorner of VA has decided to extend the eviction moratorium.  Her tenant retained a free legal attorney that provided my friend with a letter stating that she cannot evict the tenant.  She also stated that the tenant is claiming duress and possible medical conditions as a result of all the stress placed upon her by my friend asking her to leave.  Just a really bad situation.

Kevin L. · Answer

Any updates with your friend's tenant? I live in Virginia as well.

Mitchell Miracle · Answer

Thats exactly what I told her to do John.   Send a final notice to vacate and explain the effects an eviction conviction could have on her ability to secure a rental in the future.  Good advice.

John Teachout · Answer

Asking a tenant to leave is not an eviction in most states. If they don't leave, they're considered a holdover tenant and THEN an eviction would need to be filed. At that point, the CARES act may take effect. The CARES act only applies to certain properties. (none of ours fall under this)

Virginia may have their own rules on evictions during covid. Do these tenants have previous evictions? If not, they may need to be educated as to the ramifications that will result if an eviction is filed. ie, "I don't want to evict you and you don't want to be evicted".

Mitchell Miracle · Answer

Thanks LeAnn.  My friend actually offered to waive their unpaid rent and return the deposit.  Tenant stated that because they are currently furloughed they cannot find a landlord that will rent to them.  I understand their dilemma.  As a landlord I would not rent to an unemployed tenant at this time either.  Tough situation for everyone involved.

LeAnn Riley · Answer

@Mitchell Miracle

That happened on a deal I just sold here in MN. We did check with a real estate attorney and because of the COVID-19 eviction stay. The result was that if the tenant didn't move even though they were supposed to, there was no recourse at this time.

So to solve this....and make sure the new buyer could get possession of the house when they closed. The Seller worked out an arrangement with the tenant that if they moved as planned they would get their security deposit back in full and right away.

That helped make sure they could secure a new rental. We were lucky and it worked!  I suggest you talk with a real estate attorney. One other consideration may be that the owner has cancer and is not able to make the mortgage payment due to sickness.

@Mitchell Miracleundefined

Mitchell Miracle · Answer

Thanks for the information.

Bjorn Ahlblad · Answer

After the lease is not renewed, if the tenant does not leave of their own accord it is followed with an eviction to get them out. He will need an attorney to handle the paperwork make court appearances anyway so he might as well get one now.