From our Inbox- questions from rental owners who may be self managing or under management with WILMOTH or another company.
I have a single family home that I’ve rented out for the past two years. They have been on a month-to month lease for the past 5 months.
In July, I told them I would not be renewing and I asked if they can move out in 60 days (August 31) because I’d like to sell the property. I thought I was being very gracious giving them 60 days. On September 1 they were still in the house and have been avoiding my phone calls.
Last week I received the CDC COVID Affidavit from the tenant. The affidavit states the tenants have been affected by the pandemic and they cannot be evicted. It appears they have just bought themselves at least through the end of the year to not have to move.
You wont be surprised to learn they also did not pay September rent. What can I do now?
WANT TO SELL
Dear WANT TO SELL
Sorry to hear of this situation. It does seem suspicious but at the same time it is important to remember that the CDC affidavit does not forgive tenants from paying rent. They sign it and state they understand they still have to pay rent. The other thing is all a tenant has to do is say they have less income this year than last year. Which may be true with your tenants.
Now the really good news for you. You did not renew the lease! You have a month to month tenancy and it is our belief that having an expired lease is grounds for eviction- CDC Affidavit or not! So here is what you need to do.
- Immediately put in writing that the lease expired in July (exact date).
- Restate that you did not offer a renewal and the reasons given.
- Inform them that they owe rent to you for September.
- Finally (and I know this will hurt) give them a 30 day notice. Let them know if they can’t pay October rent on time that you prefer they leave now. But officially, you need to give them 30 days based on there is no lease.
If they don’t leave at the end of the 30 days, now you have all you need to file for eviction. Be sure and let your attorney know that the tenants did file the CDC Affidavit, their lease ended in July, and that you gave the tenant 30 day notice.
Then just hope they can get you a court date sooner than later.