Tenant Abusing Covid Eviction Moratorium

The simple fact in covid Michigan is that no matter how far behind a tenant is, or how much he is in breach of contract, we are powerless to do anything. I had my first court date today in 5 months and the deadbeat tenant - who hasn’t made a payment since February - didn’t show up. Typically we would get a default judgement on the spot and then in 10 days file for a writ of eviction. And then wait 72 hours for it to be served. However, the judge is refusing to issue a default judgement and instead is suggesting we reschedule the hearing and in the meanwhile try to obtain a grant through the State’s Eviction Diversion Program. I had already filled out the landlord portion of the application 2 weeks ago but we can’t get the tenant to do his part of the app (he won’t answer his door or phone). And apparently he has a puppy mill going on in the property but we can’t enforce those rules either. Arrgghh! Suddenly I’m wishing for the old days when you could break some legs for non-payment. :wink:

Are they renting or do they own their home? Maybe do an agreement for them to walk away, even pay them some money to leave with the understanding that you will not file on them or take them to collections HOWEVER if they decide not to take once everything is back to normal they will go to court and collections. We have used it a few times here plus we still have traffic so im not sitting on the home long!

I have been successful in recovering 90% of back rent via the Eviction Diversion Program so issue on back burner for now. Only one has moved out and I re-rented home in a matter of hours. Gotta love this strong rental market

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Just an update on the eviction moratorium. In this case the CDC eviction moratorium. We have had several evictions awarded and others contested and delayed to January. Of those delayed, the tenant signed a CDC affidavit that the judge took into consideration.

The CDC moratorium is only for financial reasons. Since our leases are month-to-month, we are now providing 30 days notice of non-renewal on any tenant we want to evict. Then, if they do not move out at the end of the month, we file eviction based on non-payment of rent (where applicable) and failure to leave based on the lease and notice. The latter is not a financial reason and is not protected by the CDC moratorium.

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Yup, I almost exclusively use lease non renewals for evictions. The money can be hard to collect anyways. Getting a bad tenant out is more important than the money they owe in my opinion.

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Why can’t you enforce the puppy mill issues as it’s your property? SPCA, PETA, Puppy Mill Project, and other animal rights activists can make life difficult. Depends on where you are located though. Also, multiple animals kept in cramped in humane quarters can be a public health issue, so perhaps you can approach this nightmare issue from a different angle.

I’d be really careful doing this.

From what my attorney is telling me the CDC can turn the Case over to the DOJ.

“if it is determined that you are in violation of the CDC Order, it could cost you $100,000 (as long as there’s not a death, then it’s $250,000) and you could spend up to a year in jail.”

“Under that order, “evict” means “any action by a landlord… to remove or cause the removal of a covered person from a residential property.””

You should talk with your attorney before you try to evict anyone.

I agree. It’s best to use an attorney. BTW, the following sentence comes directly from the CDC affidavit:

“You may also still be evicted for reasons other than not paying rent or making a housing payment.“

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