Took me a good hour to go through most of the comments and I can understand the different points of view, however, allowing a tenant not to pay for 4 months is going to cause a huge problem for both tenants and landlords.
Tenants who are taking advantage of the current situation and are not paying rent will have to, at some point pay a lump sum of all their dues, at that point, assuming it will be after the full 120 days, they have already used the money they "saved" on rent payments for other important things and they are less likely to have an amount equal to 4 months rent payment available at the end of that period.
- At that point they will have to either break the contract or be evicted because the landlord won't be able to suffer anymore loss of income on top of the period forced upon him/her.
- Even if the landlord is going to help out by splitting the 4 months debt over a long period of time, that's still going to have impact on the tenant.
- Some tenants might also do the math and decide that dealing with eviction is going to be better for them than paying all past dues.
For landlords, even with the CARES Act in place (which only helps if you have a government backed mortgage on that property and has many other side effects that can easily open a separate long discussion):
- Landlords have to continue paying for ongoing expenses and repair claims by their tenants (paying or not), so in addition to not getting any income, they have to pay out of pocket.
- Then at the end of the period, if they went for the forbearance plan, they have to pay all their dues to the bank which is not going to be forgiving at all, so even if you took on the forbearance plan, you'd better put that money in a savings account just in case the bank will not agree to any settlement other than full and immediate payment.
- Tenants will not be able to pay for the past months! That means that landlords will have to decide whether they go through eviction or they build a repayment plan for the tenants. Either way, they will suffer from it.
- Landlords who plan on BRRRing or buying new investment properties will face new situation where they are denied of mortgage only because they signed up for the forbearance plan.
Bottom line is, it would have been much better if the government who is "trying to help" would have stayed out and let the landlord and tenants deal with whatever happens on their own. In 99% of the cases, tenant and landlord would have solved it internally.