Eviction for serious nuisance during pandemic

[Karen F.]

I have a tenant who hasn't paid July rent.  By my calculations, they've had more money coming in since April than they've ever had in their lives - $3600 stimulus, plus at least $5000/month enhanced unemployment for two workers.  Plus there was $1300/mo social security coming in.  So they received, over the past three months, over 20K.  Their rent is $1000/month.  I inherited them when I bought the place about a year ago, and twice they didn't pay the rent before my state's grace period was over, and I had to serve a Notice to Quit.  But they paid up both times just before we could file the lawsuit, so we didn't.  

Now they haven't paid July rent, won't apply for the state's rental assistance, and have stopped communicating.  In my state, I cannot file a notice to quit for non-payment of rent until August 23rd, and who knows if that will be extended again.  But I CAN file for serious nuisance (serious damage to the property, or endangering the other tenants or LL).

So here's the thing.  Last October, we discovered that they had disabled and destroyed the brand new wireless interconnected smoke detectors we had installed in their unit within a multifamily, without, of course, informing us that there was any problem with the smoke detectors.  We replaced them, charged them the smallest amount possible for the damage they had done, and warned them never to do that again.  We haven't been in to inspect for at least 4 months, because of the pandemic.

I want to now file a Notice to Quit on them for serious nuisance - serious damage to the property, and endangering the other tenants.  Fires in the  many old multifamily tenements are a serious issue in that town.  Every year, there are fires, and every few years, deaths.  When they deliberately destroyed the wireless smoke detectors, they did serious damage, and endangered the other tenants in the building.  But it was over 8 months ago that they did this, we repaired the damage, and as far as we know, they haven't done it again.  But they DID do serious damage, and DID endanger the other tenants.  I figure that if we could file for this, we'd at least be "in line" for getting into court before the tsunami when the courts reopen for non-payment evictions.  Hopefully, we could add non-payment of rent to the suit as soon as it is permitted, if it takes that long.  And I suspect that if I were able to file the Notice to Quit for serious nuisance, the tenant would pay up.  I don't think that she is able to move (hoarder, owes an enormous utility bill of over 20K so would never pass a credit check), and in the past, when faced with an eviction lawsuit, she paid.  But I'm uncertain of whether I could file now for serious nuisance, 8 months after the damage was done.  

I do have a good eviction attorney in town, and I will ask him.  But this is a whole new ballgame, evictions for serious nuisance during a pandemic.  Anyone out there have any luck with eviction for serious nuisance during the pandemic?