Q: Can I challenge a declaration of an inability to pay rent for someone who rents a room in my residence and is employed?
He has been employed for most of Covid and received a stack o f unemployment checks for that time. His rent includes all of his bills, so he only pays for his food. He has not paid me any rent since June of 2020. He refuses to move out and refuses to clean. He tries to instgate fight to try to get me to say or do something he can sue me for. He threatens to sue me for everything. Last time it was about taking legal action against me for not taking out the trash when he thought it was my turn. My other tenant moved out, stating that he would have never looked for a new home if my harassing tenant was not living in my home. He moved out because of the other tenant after living with me for 3 years. He moved into another rental room in another home to get away from him. He treats me like crap an harassess me because of Covid laws. He does not believe I can kick him out for being horrible to me.
A: No, part of the Covid moratorium laws re landlord-tenant specify that a tenant's declaration regarding inability to pay rent cannot be challenged in court. But it does sound as if you may have grounds for issuing for cause termination notices - and they are not prohibited during Covid (except for failure to pay rent).
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