Eviction Moratorium - What can a landlord do

screening tenants

Landlords are getting squeezed between tenants and lenders. Small landlords are getting squeezed now that many tenants can't make rent, and that leaves them few options.

Sue tenants for rent, not eviction

There is no moratorium on suing people for rent. A new moratorium might allow a little crack of light, but it's a state-by-state, city-by-city possibility.

Small Claims Courts

Small claims courts in all the states are intended to address issues such as debts tenants may owe landlords. Landlords go to small claims court over broken leases, unpaid rent, and tenant-caused damages not covered by security deposits. Each state and municipality also has its own particular small claims court process as well. Landlords are smart to ensure that the tenant debt cases they take to small claims court are fair and well-prepared.

A landlord can't seek a wage garnishment for unpaid rent or damages without a court order. A lawsuit must be filed with the small claims division of the superior court, and you must be served notice that a court hearing has been scheduled.

Check with state-by-state, city-by-city laws

Can you still evict?

If you don't evict for non-payment of rent, maybe

If tenants have breached the rental agreement in other ways - you can go through the regular process under the CDC federal eviction moratorium and move for their eviction, though it will take longer. You'll have to do the proper notice procedures as your state dictates.

Details written in this article is not legal advice. Use at your own risk.

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