Q: My sublet informed me yesterday she has the money for the rent but is not paying due to Loss of work in the pandmeic
I have one rental property and a mortgage on the house she is living in. She states that she will hold the money on an escrow account until she gets more income generated. Does the tenant that is on the original lease have to pay? What do I say back to the sublet about non payment.
A: First, she is not your tenant and is not obligated to pay you (this is assuming you leased the place to another tenant and that tenant leased it to this woman). Second, your tenant (the prime tenant) is obligated to pay you. Third, the courts are closed to non-essential matters (which this is) and there is very little you can do at this time. Once the courts open up you can commence a non-payment proceeding.
If this sublet has been paying you directly, there could be an argument that she is your tenant, but that is getting into the weeds on this issue.
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