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Updated almost 4 years ago on . Most recent reply

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Stan Michaels
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Occupant taking advantage of moratorium, are they protected?

Stan Michaels
Posted

Hello, all

The head tenant which is under lease moved out, the remaining tenants which is not under a lease, invited a friend over to split the rent with, also no lease/contract, and without informing the landlord of this so we were not able to do a credit check. The tenants moved out a few months later, but the friend, which turns out they weren't really friends but co workers, is refusing to leave. The tenant informed us 3-4 months ahead of time before moving out, and when we talked to the occupant he said that he'll only be paying for his part of the rent and not the full rent. We offered to help them find a place to move to and help pay for a month rent there but he refused and said he wanted a large sum of cash instead. The previous tenants and I already filed a notice to vacate which he received.My state is planning on extending the moratorium until august. What's next, file a eviction and then writ of possession? As they are technically not a tenant, are they protected from the eviction ban? I've been told that he's considered holdover occupant/tenant and that they aren't protected from the moratorium, is that true? We tried to contact him for months and talk it over but her wouldn't listen and kept ignoring us. A few days ago, he and his girlfriend called us, and told us that we can either sign a lease with them or they will stay there and fight this out in court. The girlfriend said that she/they done this before and that she stayed in this one place for over a year rent free and that she consulted with a attorney and they told them he can live there without paying any rent.

I talked this out with some my family and friends and many said to not let them sign a lease as it will protect them even more. We also are not going to do m2m or any of that sort with them because of what they have said and done, and we cannot pay them the crazy sum of cash either. He doesn't even sleep in the apartment anymore and only comes by a few times a week to "check" the place and leaves shortly after. I think he is trying to force us to pay for him to move, which we can't and won't anymore or have us bleed money.  We don't have much money left and this is our only rental. What else can I do? Please help.


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