{"id":10965,"date":"2019-01-22T22:06:01","date_gmt":"2019-01-22T22:06:01","guid":{"rendered":"http:\/\/girlinglaw.com\/?p=10965"},"modified":"2021-01-29T07:18:38","modified_gmt":"2021-01-29T07:18:38","slug":"evicting-federal-employees-during-the-government-shutdown","status":"publish","type":"post","link":"https:\/\/girlinglaw.com\/evicting-federal-employees-during-the-government-shutdown\/","title":{"rendered":"Evicting Federal Employees During the Government Shutdown"},"content":{"rendered":"

\"RichlandAn unfortunate side effect of Congress\u2019s showdown over the wall is that many federal employees are struggling to pay rent and, naturally, their landlords are struggling to respond to this situation.\u00a0 Federal employees stopped receiving pay as of December 21, 2018. \u00a0At the time I wrote this, we were thirty-one days into the shutdown and there was no end in sight.\u00a0 So how is a landlord to respond?\u00a0 Here\u2019s a hint: not the way you would respond to any other delinquent tenant.<\/p>\n

I\u2019ve written this blog for those of you who have tenants<\/a> who are federal employees who are now finding it impossible to pay rent.\u00a0 One rule of engagement about this blog, though: I\u2019m not getting into the politics of the government shutdown. \u00a0That\u2019s just not what this website is about. \u00a0However, there are aspects of politics that will affect your decisions.\u00a0 This blog is going to operate from the assumption that money is your bottom line when you are wearing your landlord hat.<\/p>\n

The Federal Shutdown Has Created a MAJOR Problem for Texas Landlords<\/strong><\/h2>\n

You probably know that being a federal employee is no guarantee of high pay.\u00a0 Many federal employees make modest incomes and live paycheck to paycheck.\u00a0 Some of you might be saying, \u201cnot my problem\u2026.\u201d\u00a0 Actually \u2013 in this situation – it kinda is.<\/p>\n

As with all evictions<\/a>, this one will begin in the Justice of the Peace Court.\u00a0 With rare exceptions, Justices of the Peace are elected officials; they are politicians.\u00a0 Do you see where this is going?\u00a0 Whether your Justice of the Peace is red or blue, you should expect your Judge to be very sympathetic to this tenant.<\/p>\n

Hey \u2013 I say this all the time: I\u2019m not the guy who\u2019s going to tell you what you want to hear.\u00a0 I\u2019m the guy who\u2019s going to tell you what you NEED to hear!<\/p>\n

The Federal Shutdown: A Justice of the Peace\u2019s Perspective<\/strong><\/h2>\n

Let\u2019s look at this government shutdown briefly from the Judge\u2019s perspective.\u00a0 The blue Judges are not going to want your tenant to suffer because of a policy they don\u2019t like, particularly a policy spearheaded by a President whom they like even less.\u00a0 The Red Judges are going to perceive those blue members of Congress as obstructing the construction of the President\u2019s wall initiative and victimizing federal employees in the process.\u00a0 They are going to see their role as one of easing the effects of this process on an innocent federal employee.\u00a0 And you, my landlord friend, are going to be left holding a stinking bag of \u2013 politics.<\/p>\n

One thing is for certain.\u00a0 If you handle this situation poorly, this will be a recipe for disaster for you\u2026<\/p>\n

Best Practices for Evicting a Federal Employee During the Government Shutdown<\/strong><\/h2>\n

The key to a successful outcome during this risky time for landlords is starting early, maintaining records of your many communications, and being generous with your attempts to resolve your federal employee tenant’s challenges.\u00a0 I cannot emphasize enough the importance of being able to prove to your Justice of the Peace your patience and generosity.<\/p>\n

Communication is Important; Proving it is Essential<\/strong><\/h2>\n

Reach out to your federal employee tenants early.\u00a0 They are likely in a state of shock, even after the passing of all this time.\u00a0 Tenants who are used to stable incomes will often stick their head in the sand when their financial situation goes off the rails.\u00a0 A little hand holding here makes sense.\u00a0 This is a tenant with a very dependable source of income.\u00a0 Despite the fact they don\u2019t have a huge income and despite the fact they might live paycheck-to-paycheck, you probably want to keep this tenant.<\/p>\n

But it isn\u2019t enough to just reach out.\u00a0 Make sure you can PROVE you reached out.\u00a0 Text messages work the best.\u00a0 If the time comes to start an eviction, you will want to show the Judge 1) you took the initiative to reach out early (even before any delinquency); 2) you offered to help them solve this problem; and 3) you communicated with the tenant frequently.<\/p>\n

Another important tip: prepare your tenant for your communications.\u00a0 Set some rules.\u00a0 Begin by telling your tenant you are concerned about them and you feel it is important for both of you to communicate often during the next several weeks.\u00a0 Obtain their commitment to respond to you promptly.\u00a0 Make sure they understand your preferred method of communication is by text message.<\/p>\n

Direct Your Tenants to Local Charitable and Government Organizations<\/strong><\/h2>\n

If your tenant\u2019s non-payment is inevitable, tell your tenant to start reaching out to organizations like The Salvation Army, Catholic Charities, and other local non-profit organizations that provide rental assistance.\u00a0 These organizations have great programs to help folks with a temporary loss of income.\u00a0 Organizations with whom your tenants have some connection are more likely to provide rental assistance.\u00a0 Tell them to reach out to their own religious organization if you know they belong to one.\u00a0 If that fails or they don\u2019t have one, have them call yours.\u00a0 Failing that, just urge your tenants to start reaching out to religious organizations near their home.\u00a0 The worst that can happen is someone will tell them \u201cno.\u201d\u00a0 Also reach out to the county\u2019s housing department.\u00a0 Many counties \u2013 particularly the higher population counties \u2013 provide emergency housing assistance.<\/p>\n

Be Open to Working with Your Tenant<\/strong><\/h2>\n

Below are three methods you can offer to make your federal employee tenant\u2019s life easier during the shutdown.\u00a0 Just like communicating with your tenant, it is important to maintain written records of these offers.\u00a0 You will want to show these offers to your Judge (normally not allowed, but you will want to try).\u00a0 It is even more important to document any of these modifications to the lease agreement and have both parties sign the written, modified, temporary<\/em> terms.<\/p>\n

In case you\u2019re wondering: yes \u2013 I would normally NEVER endorse any of these options.\u00a0 I am recommending that you do this ONLY in this circumstance and only for federal employees affected by the shutdown.<\/p>\n

Would you like templates for these lease addenda?\u00a0 Call my office at 817 659-2033 to request yours.\u00a0 They cost nothing if you agree to join my mailing list!!\u00a0\u00a0<\/strong><\/p>\n

Offer Payment Delays<\/strong><\/h3>\n

Some tenants may be working on obtaining funds from a retirement account.\u00a0 Obtaining funds from a retirement account can involve delays of several weeks; sometimes months.\u00a0 Worse, tenants will often claim they are obtaining money from a retirement account, but the money never materializes (because they never had such an account).\u00a0 If you are going to agree to this, require proof that your tenant has these funds in a retirement account.\u00a0 It is entirely reasonable for you to demand proof of a retirement account under these circumstances.\u00a0 But be smart about this.\u00a0 I have seen tenants apply for a rental property by showing a retirement account statement that was entirely forged.\u00a0 Require that your tenant call into their broker and provide you the right to obtain a balance inquiry on their account.\u00a0 The broker will typically want to provide their own power of attorney for this purpose.<\/p>\n

If you are going to wait for your federal employee tenant\u2019s rent payment \u2013 especially if you are covering a mortgage payment on your rental property during this time \u2013 you should demand that the tenant make some advance rent payments after their money comes in.\u00a0 Your tenant needs to understand this before they apply for that loan or withdrawal.\u00a0 Try to get the tenant to provide you six months of advance rent payments in exchange for agreeing to such a delay.<\/p>\n

Offer Reduced Rent Payments\u00a0 <\/strong><\/h3>\n

You must be very careful about this.\u00a0 If you handle a rent reduction incorrectly, it could become permanent.\u00a0 Agree on what the new, temporary payment will be and \u2013 most importantly \u2013 when that temporary reduced payment will stop.\u00a0 The payments can stop upon the federal government\u2019s shutdown ending.\u00a0 But never state that it is when the tenant returns to work.\u00a0 You don\u2019t want them burning you by taking leave under the Family Medical Leave Act.\u00a0 Once you have agreed with your tenant about the amount and length of time for reduced payments, put that in writing and sign the document along with your tenant.<\/p>\n

Waiving Rent and<\/strong> No-Consequence Lease Terminations<\/strong><\/h3>\n

Your federal employee tenant\u2019s best option right now may be to move in with a relative.\u00a0 It\u2019s hard to always understand your tenant\u2019s situation and options.\u00a0 Worse, they are often in such a mental state they won\u2019t volunteer details to you.\u00a0 If they have opportunities like this, they may have not given much thought to seizing upon them.\u00a0 Making an offer to let your federal employee tenant remain in the property for several more weeks and forgiving their rent arrears might be a much cheaper outcome for you than would be proceeding with an eviction and giving your tenant an opportunity for a free appeal.<\/p>\n

Don\u2019t document this agreement, though.\u00a0 Tell your federal employee tenant that if they move out AND leave your property in broom swept condition, you are willing to forgive any outstanding balances (or a portion of it, if that is what you prefer).\u00a0 But also tell them that if they text or email anything to you about this, you will respond by denying the agreement and you will withdraw it.\u00a0 This keeps open the opportunity for you to decide whether they returned the property to you in acceptable condition.\u00a0 If you\u2019re going to give them some free rent, they\u2019re just going to have to trust you.\u00a0 This will inspire your tenant to clean the property much more diligently than they normally would!<\/p>\n

Bearing your Federal Employee Tenant\u2019s Cross<\/strong><\/h2>\n

If you find you must proceed with evicting your federal employee tenant, it will be important to show the Judge you have suffered along with your tenant.\u00a0 Remember: your Judge will likely want to find a reason to dismiss this eviction.\u00a0 I don\u2019t care how well prepared you are for trial.\u00a0 I don\u2019t care if you property served your notice to vacate and properly completed your pleadings.\u00a0 If the Judge wants to find a way to dismiss your eviction, the Judge WILL find a way!!\u00a0 If you must pull the trigger on evicting your federal employee tenant, you want to make the prospect of dismissing your case as difficult as possible for the Judge.<\/p>\n

If you must start the eviction process, you want to show the judge the following:<\/p>\n

    \n
  1. You worked with the tenant.<\/strong> Show \u2013 DO NOT EXPLAIN \u2013 how diligent you were in communicating with your tenant early and often.\u00a0 Show \u2013 DO NOT EXPLAIN – all the things you did to help this federal employee tenant.<\/li>\n
  2. Your tenant is more than one month behind.<\/strong> I normally want landlords to start the eviction process only days after the first missed payment.\u00a0 Not under these circumstances.\u00a0 The Judge is going to be MUCH LESS sympathetic to your federal employee tenant if you can show you were patient and shouldered some of your tenant\u2019s burden.\u00a0 I get it \u2013 that\u2019s not your job.\u00a0 Don\u2019t confuse justice with increasing the likelihood of getting a judgment under these circumstances.\u00a0 Justice of the Peace courts are 90% sales and emotion and 10% law.\u00a0 I have actually had one of these Judges look at me and say, \u201cMr. Girling, I know what the law says and I don\u2019t care.\u00a0 I\u2019m not doing it!\u201d<\/li>\n
  3. You have covered mortgage payments (if this applies).<\/strong> Bring your mortgage statements or bank statements showing where you have made mortgage payments during the tenant\u2019s period of non-payment.\u00a0 Use a highlighter to show where and when you mad the payments during your federal employee\u2019s term of delinquency.<\/li>\n<\/ol>\n

    You are Walking on Thin Ice \u2013 Wear the White Hat to Court<\/strong><\/h2>\n

    You don\u2019t want to attempt to evict a federal employee during the shutdown without being able to show you have made a good faith effort to work with the tenant, you have offered solutions to the tenant, and you have personally suffered financially.\u00a0 I know.\u00a0 This sucks.\u00a0 It\u2019s unfair.\u00a0 But if you don\u2019t do this, you\u2019re almost certain to experience a dismissal.\u00a0 You have no control over the Judge\u2019s politics.\u00a0 And you certainly won\u2019t change the Judge\u2019s politics with an impassioned 2-minute speech.\u00a0 But you can control your Judge\u2019s willingness<\/em> to protect your tenant.\u00a0 Showing a little suffering on your part will go a long way towards making your case more sympathetic than your tenant\u2019s.<\/p>\n","protected":false},"excerpt":{"rendered":"

    An unfortunate side effect of Congress\u2019s showdown over the wall is that many federal employees are struggling to pay rent and, naturally, their landlords are struggling to respond to this situation.\u00a0 Federal employees stopped receiving pay as of December 21, 2018. \u00a0At the time I wrote this, we were thirty-one days into the shutdown and […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/posts\/10965"}],"collection":[{"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/comments?post=10965"}],"version-history":[{"count":0,"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/posts\/10965\/revisions"}],"wp:attachment":[{"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/media?parent=10965"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/categories?post=10965"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/girlinglaw.com\/wp-json\/wp\/v2\/tags?post=10965"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}