Eviction advice needed

[Izel Pieters]

I need some advice please. At one of our duplexes we are in the process of Evicting one of the renters due to not paying rent. They are 6 months behind on rent due to COVID-19, excuses are all of the ones you can imagine, not able to work, not having transportation to go to work, not receiving their stimulus check, having car issues and the list goes on. We worked with them, had a payment plan, they would follow the payment plan for about 2 weeks then stop paying again. This went on for the majority of 2020 but because of the Covid Memorandum we could not do anything but work with them. In Mississippi the memorandum expired 31 Dec 2020. We went through the process of Pay or quit. That didn’t work. We gave them 2 more weeks to come up with at least one month of rent and then another payment plan. That didn’t work. So we filled an Eviction. Court is this Thursday 21 Jan 2021 but now they say “they have covid” and can not come to court.

This will be the second time they have had COVID. The lease is up Feb 20th, but we would like to get them out before. With looming talks about more memorandums we are not sure how to proceed.

What do we do?

Thank you in advance.

[Theresa Harris]

Surely the court has ways in which people can come to court via video.  You might want to get a lawyer involved and  mention to the court that the tenants already had covid once (doesn't mater if they were lying, they are now being caught in their lie).

[Pat Heidingsfelder]

What county are you in? We've had luck with evictions even in these trying times. I can help you out if you happen to be in Harrison County. Shoot me a PM  to see if we can help you out.

[Isaac El]

Originally posted by @Pat Heidingsfelder:

What county are you in? We've had luck with evictions even in these trying times. I can help you out if you happen to be in Harrison County. Shoot me a PM  to see if we can help you out.

 How have you had eviction?

[Pat Heidingsfelder]

@Isaac El. In our county, the courts are allowing evictions just not for non payment of rent. 

[Susan Maneck]

Normally in Mississippi if the tenants don't show up the case is automatically ruled in your favor. If they are asking for a Covid related exemption they have to fill out some paperwork on the CDC website. 

[Izel Pieters]

@Pat Heidingsfelder we are in Lauderdale Country.

[Chuck Webb]

If the courts aren't allowing you to evict due to non-payment, most courts will allow you to evict for other lease violations.   

[Lynnette E.]

If they ask the court for consideration of them having COVID, you can ask the judge for it to be rescheduled in 14 days, and also tell the court that they already had COVID, so can you ask for proof.  They should have test results, and if a judge catches them in a lie, you won.

[Isaac El]

Originally posted by @Pat Heidingsfelder:

@Isaac El. In our county, the courts are allowing evictions just not for non payment of rent. 

wow very interesting, YOU ARE LUCKY, in NY and no evictions happening at all, for a while!!!