@Annie T. You said,
"Unfortunately, it's looking like I won't be able to do much during this time and it's very much because of the unique situation that we are in. My tenant finally responded today and she's now challenging my rental increase by claiming my unit is a studio and not a 1 BR. No mention of whether she is financially impacted due to COVID-19. It's definitely not easy to deal with all her accusations but my plan is to respond reasonably and patiently since my hands are tied now in case we do have to go to courts."
So what exactly has your lawyer advised you to do? How has he advised you to address the 1/3 shortfall in rent that was submitted for April? and next steps, even though whatever you do will not have any teeth given the temporary ban on evictions?
On what basis is your tenant claiming the unit is a studio and not a 1 BR?...I would think the two types of units are pretty easy to distinguish...In anycase, since the unit is not subject to rent control, if you and your 3rd party consultant did your homework with what units of comparable size and location were renting for, eventually this tenant will lose. Its just that it will cost you in time and lost rent, although you would be able to ultimately sue her and should be able to get a judgement for the unpaid rent.
So sorry you have to go through all of this.
You said you gave her almost three months notice because it was a substantial rent increase. I am curious, did the tenant ever push back and maybe try to get you to dial back the increase or negotiate a more gradual increase during those 3 months? Say for example, implementing half the increase this year and the balance the next year?