Advice on handling Tenant Matter during Covid

[Jimmy Kong]

Hi,

Hope all is well. I have a tenant with 3 kids in a unit who at the beginning of covid faced financial hardship when her husband was held in prison. He is still there as of right now. For the last 12-15 month I have only received half of the rent payments to help them out through this crisis. The current past due balance is almost 15k. The wife is currently working with charities/governement programs to help them with the rent but there is no update yet.

As of right now, the husband still has not been released from prison. 

I am not sure what to do. Do I continue to help them and put myself at risk or do I ask them to leave. It's funny because I'm trying to help them but yet I always have to call them for status updates. I don't want to continue this. 

If I ask them to leave, how do I go about this? How would I get back the currently owed amount? eviction or small claims court?

Any help would be appreciated.

Thanks,

Jimmy

[Nathan Gesner]

Unfortunately, you've fallen into the trap of trying to be a good person and they are taking advantage of you. That's why it's always recommended that you operate like a business instead of someone that leads with their heart.

She can't afford the rental. It has nothing to do with COVID and everything to do with her husband being in prison and the life they've chosen to live.

There is government assistance available out the wazoo. The latest version (ERAP) requires the Landlord and Tenant to participate, which enables you to confirm she has actually applied and lets you track the progress of her claim. If that hasn't happened, she's probably pulling your strings.

I would demand evidence she's applied. Track that application until payment is received or denied. At the same time, let her know she can't stay because it's clearly not affordable. Even if her husband were out, you wouldn't want to take on the risk of a felon (depending on his crime).