Just taking advantage of non evivtion

Eveline Schmutzer mcnair · 2021-01-10T15:59:45-08:00

My issue is a little different then most. I believe, that we have tenants that are actually considered squatters or trespassers, at this time. They haven't had a rental agreement since October. They knew we were not renewing their rental agreement. My issue is this.... One of the tenants collects $1200.00 in social security benefits and his wife is a Home healthcare worker and is still working. They have just decided not to pay rent since August. They are taking advantage of the non eviction ruling. I know that they should not fall under the hardship rule and was wondering if there is a different way to get them out. I've spoken to a couple lawyers and they are very expensive to hire. My husband and I are retired. The laws are vague in this situation. The laws always refer to people in hardship. They never mention people taking advantage and this is just people taking advantage. I've submitted documents to them requesting them to leave. I have read about squatters rights and they do not fall under that category. They have only lived with us for 3 years. Was wondering if we can just remove them from the premises.Any advice would be greatly appreciated. Not sure if they get handled as tenants or squatters.Thank you,Eveline McNair

Will Fraser

Real Estate Broker · Salt Lake City & Oklahoma City · Member since 2018 · 3k+ posts · 2k+ votes

5y

Hi @Eveline Schmutzer mcnair, welcome to the BiggerPockets forums!

First, you can NOT remove them from the property. Nope . . . nuh uh. Can't do it. Although forcible evictions seem right and good in many cases (and I mean that), it has been misused so frequently that it is outright outlawed.

This is going to be subject to your local laws and Tenant Landlord Act, so run this through that filter, but in essence this is true:

- The people living in your property don't have a rental agreement, but they do have a tenancy. It is either a tenancy at will or a periodic tenancy (most common if 3 years ago they were on a Yearly lease and it converts to Month to Month afterwards). As holders of a tenancy they have certain rights and corresponding responsibilities.

My recommendation to you would be to network with someone in your local REIA group who is or knows a savvy attorney and sit with them for a consultation. It is usually possible in a REIA type of group to find an attorney who is a savvy investor themselves who understands how crucial Evictions can be to the health of the investment and how important it is to keep the costs reasonable.

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Jonathan R McLaughlin

Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes

5y

@eveline schmutzet mcnair you need a lawyer to consult with here, expensive or no. It will be more expensive not to have one. Never underestimate someone's ability to be a hardship case in front of a judge. For them to claim covid hardship they have to have filled out forms under penalty of perjury etc.

I'm not sure what the rules are on you having to send the forms, or what your local judge is likely to want, but you need to (soon) take the proper steps in the proper order

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Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

5y

For them not to pay rent their income has to have been affected by covid. In their case it doesn't sound like it has. A Jonathan said, there is a form they have to sign that states they have lost income and can't pay rent. Tell them to sign that and remind them if it is not true, they are breaking the law. I'd start filing for eviction. Read over the lease and if they are violating any of the other terms, that is your easiest way to get them out.

There is also meant to be some relief for landlords in the latest stimulus package that will help you get back rent paid. Call your local federal govt official and see if they can point you in the right direction.

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Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

5y

First, the eviction moratorium only applies if your home is financed through a government backed loan. If it is financed through other means, or not financed at all, then the eviction moratorium wouldn't apply.

Second, these are not squatters. They were your tenants that failed to leave at the end of their lease and you failed to tell them to leave (I assume). So they are tenants and have a legal right to occupy the space but it's on a month-to-month basis. You should be able to give them a 30 day notice (or whatever your state requires) and tell them to leave. No reason is needed.

Third, it doesn't sound like you know how to evict even if the moratorium were not in place. You've already lost three months of rent. An attorney should be able to evict for under $1,500 which is probably less than the amount of rent you've already lost. Hire an attorney that specializes in evictions (if you can find one) and get this done. There's a good chance they will start paying rent once you play hardball.

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Eveline Schmutzer mcnair

OP

Member since 2021 · 2 posts · 0 votes

5y

Thank you everyone for your help. Its greatly appreciated.

To Nathan G...... The house is not financed and we had told them in August that we would not be renewing the rental agreement. They have been making late payments since November of 2019 and we gave them every option to leave. We have even offered to help them move with no consequences. We have given them, at least, 3 notices to leave the premises but they will not. We have also contacted the police department in regards to the situation. The police will not get involved. They are not on a month to month and they do not have the option of staying. We want them out. I also have spoken to 2 attorneys about getting them out. So for $2000 they will write a letter to have them removed and if they do not leave it will have to go to court. However, I was also told that there will be no getting any back rent paid. I can try to take them to civil court and sue them for the money if I want. I have looked into filing court papers myself, but when I read the requirements I keep getting confused. It seems like they don't fall under the jurisdictions that I'm reading. I see you wrote that they don't really. I guess I have to bite the bullet and hire a lawyer. Thanks for your help.

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Just taking advantage of non evivtion

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