Tenant and CDC order

[Jenna W.]

Hello

The cdc power grabbed this week. fine. My tenant has been here a year and half, I own a 2 family and live on the first floor. He's never gone a month without paying, is generally a couple weeks late and once paid on the last day of the month. when he first moved in the cops were here for him multipe times but now it's been cop free free for a year - bad break up restraning order stuff. 

He did have a 2 month forlough in April at work but he went on vacation for a month in florida before it shut down because, as he said "he was saving so much money not leave the house and the the unemployment benefits were great - giving him a $12,000 savings account" as he told me excitedly on the phone when he called to say hi from florida I don't know what he usually has in savings and it's not my business.

He went back to work at the end of May and has been promoted since then.r he told me, and he has a new company car. Last month he bought $4500 motorcycle, I didn't ask, he told me the price. He paid cash for. He's single no children and board with all his social places and clubs closed so I figured, good for him, something to. His rent is $900, and FMV is $1400. It's going up next year to $1,050, and I plan to $1150 and then hold until I make some more improvements or see what the market does. My mortgage is $1300 and I have a partner who lives with me and pays to do so on the first floor. he is a tenant at will.

anyway, he trying the cdc attestation with me that he's struggling and can't pay.

I kicked it over to my lawyer who will be back in on Tuesday but wanted to see what you guys thought.

not that it maters because I can't evict him, in his tenant at will agreement it says he gets 2 parking spaces. He has 3 vehicles at the moment and is entertaining dates who stay over. so he's cramming 4 into 2.

[Derreck Wells]

It's my understanding that evictions are only paused for non-payment due to Covid-19, other reasons are still evict-able... such as non-payment because he's foolishly spending his money. I'm not a lawyer, so verify that, but it specifically says this in the form from the CDC: 

"You are still required to pay rent and follow all the other terms of your lease and rules of the place where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment. This declaration is sworn testimony, meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit important information.

I certify under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing are true and correct:
• I have used best efforts to obtain all available government assistance for rent or housing;1
• I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or
no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment
(stimulus check) pursuant to Section 2201 of the CARES Act;
• I am unable to pay my full rent or make a full housing payment due to substantial loss of
household income, loss of compensable hours of work or wages, lay-offs, or extraordinary2
out-of-pocket medical expenses;
• I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary
expenses;"

The 3 underlined bullet points above seem relevant to your situation. If he's buying $4500 bikes and taking Florida vacations, he can pay rent. He can be fined or go to jail for lying and signing the form. Start the eviction process now.

Good Luck!

Derreck