Governments have already closed many public establishments in an effort to contain the coronavirus. I bet that a lot of workers will be furloughed and perhaps laid off if these containment measures continue for a long time. If workers lose income, they will have difficulty paying the rent.
This will put landlords in a difficult quandary. After all, the tenant signs an agreement to pay a certain amount of rent per month in exchange for a place to live. If the tenant reaches that contract, then the tenant should expect to be evicted.
The question is what the landlord can and should do. The landlord can reach out to the tenant and offer a flexible payment plan, such as splitting the rent into two monthly payments in order to make it more manageable. If the landlord knows of resources that the tenant might be able to use to get the rent paid, then the landlord should point goes out to the tenant.
However, the burden is on the tenant here. If the tenant anticipates having difficulty in paying the rent, then I think the tenant needs to be the person to reach out. The burden is not on the landlord. I think that the tenant should:
1.stay in communication with the landlord, and let the landlord know if they are going to have a problem paying the rent;
2. in touch with the county social services agency to see if they can get assistance; and
3. Contact church groups or other such humanitarian organizations to see if they can provide any help.
For their part, I think that landlords should be sympathetic if a tenant is not able to pay the rent because of coronavirus. However, tenants need to understand that the landlord is not running a charity – and still has to pay the mortgage. Rather, the landlord is running a business. Tenants need to make every effort to get the rent paid – or they will face eviction, coronavirus or no.
Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but do not represent residential tenants.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.