Non-Paying Tenant Submitted COVID-19 Form Now What?

This week the question for Ask Landlord Hank is about a non-paying tenant, who was already a problem, who has now filed a COVID-19 form. Remember Landlord Hank is not an attorney and is not giving legal advice.

Dear Landlord Hank:

Our 20-acre privately owned rental duplex community is only experiencing one non-paying tenant, for which we are very grateful. We do have one problem tenant who received an eviction notice between the last two moratoriums’ time frames.

This man submitted the required form for COVID-19 job loss, but as yet, refuses to identify his new employer or the income he and the mother of his child are receiving from her job. They have not paid rent since September. They are allowing dog feces to pile up on the common lawn between them and their neighbor, a lease violation. We live in Garland County, Ark.; the sheriff’s department is not processing evictions during the moratorium.

Is there any hope for us to evict this couple, or must we wait, and pray, the moratorium is not extended again?

Thank you so much for any guidance you may share.

-Diana

Dear Landlady Diana,

You have been very lucky you only have one bad apple.

If the sheriff’s department is not processing evictions and setting tenants out, then you are stuck.

I would call a landlord/tenant attorney in your area just to make sure, and also talk to the county court division that handles evictions –  often magistrate court – and see what they say.

I think that if your tenant has filed the COVID-19 forms, you’ll have this tenant until the moratorium has been lifted. Good luck.

Sincerely,

Hank Rossi

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