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Updated over 4 years ago,

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Jo Gordon
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Tenant claims "COVID" for not vacating unit after lease expired

Jo Gordon
Posted

Hello All:

I have seen a variation of this question but none to my acknowledge that addresses the following:

The tenant stopped paying rent in July. The lease expired in September and the tenant has been avoiding me like the plague. The tenant was notified that the lease would not be renewed as I have secured an interested buyer that wants condo unit tenant free. I already tried to negotiate with the tenant staying but it was a "no go". The tenant acted as if he was going to vacate and literally minutes before I was to arrive to do an end-of-lease walkthrough and get keys he texts he can not move tonight. Then a few days later he can't move due to COVID. I was not sure since I have a buyer if he can be evicted because it is impeding on the sale. Additionally, he has violated some things on the lease prior to it expiring. I have tried reaching out to local attorneys with no response. I'm in Orange County, NY.

Do I have any legal recourse? Either with the sale or lease violations. I can't even do an inspection because he is either not home or does not answer the door and has changed the top lock without my permission or knowledge.

The other question is since a time frame has not been established and when I contact him for an update, I am told I am harassing him. Really!? So does this mean now we enter into a month-to-month rental and I send rent request as normal until A. he vacates or B. he is evicted? I understand the governor has extended the eviction moratorium to Jan 2021. Who knows when evictions will be allowed. 

J. Burton