Covid times- year lease or month to month?

[Brandon Miles]

I am looking for a new tenant and am wondering if I'm just better off going month to month or doing a year lease during these times? Does one make it easier to evict? 

[Kyle J.]

@Brandon Miles  In my opinion, you're smart to consider your options, especially right now during COVID and in the midst of all the local, state and federal eviction moratoriums.  Plus, who knows what the future holds (could be even more laws coming down the pipe). 

Most of the eviction moratoriums have prevented/delayed evictions based on the non-payment of (or inability to pay) the rent.  So there have been discussions about a possible way around that, to include having tenants on month-to-month agreements.  And, if they don't pay, rather than evicting them for non-payment, just terminate their tenancy with proper notice.  Then, if they don't leave, evict them for being a holdover tenant. 

I have personally been on a call with an attorney where he gave his opinion that even the federal CDC eviction moratorium wouldn't prevent a tenant from being evicted if they're a holdover tenant since the CDC order states "persons may also still be evicted for reasons other than not paying rent or making a housing payment."

Of course, it'd likely still be dependent on your local jurisdiction/judge, but it's something to consider.