Originally posted by @David To:
My property manager has already had her eviction attorney serve the tenant and the tenant's attorney 60 day notice (August and September) so hopefully, it will proceed to the courts in October.
I served my tenant a 60-day notice in June and today is the day that my tenant is supposed to move out (which he obviously is not). The lawyer who served the 60-day notice said that if the tenant does not move out, I can have the eviction filed and stamped in court and wait until I can proceed in court (similar to what you are doing). But then spoke with another lawyer who recommended that I NOT proceed with eviction if my tenant does not move out at the end of the 60 days because the 60 day notice is ineffective. I think it's because of the city ordinance that states that landlords who know that tenants cannot pay due to COVID cannot serve a notice of termination--and this is a gray area because my tenant has claimed that he can't pay due to COVID but never provided documentation. I'm technically not in violation of any law or ordinance by sending the 60-day notice because my tenant has not fulfilled his obligation to pay rent or provided formal notice and documentation, but second lawyer said he wouldn't proceed with eviction. My tenant then emailed me yesterday saying that he spoke with housing and said that because I'm trying to circumvent the eviction moratorium by using a 60-day termination notice, what I'm doing is illegal.
Based on what the second lawyer said, I've ultimately decided to not pursue eviction at this point, but curious as to what your property manager's eviction attorney said. Hope your eviction proceeds through court. That would be a big win for all of us here.