Can you evict a non-paying tenant who cites covid as the reason?


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We have been contacted recently by a few landlords and agents asking if you can evict a non-paying tenant who cites covid as the reason. The last one states that it is illegal to evict anyone until April 2021 because of coronavirus. Even if their contract runs out.

Our lawyer advised that to be able to apply that measure to avoid eviction, the tenant has to be completely up to date with the payment of the rent (and bills if they need to pay bills) and also to have formally requested the reduction of rent or deferral of payments to the owner.

However, even having requested it, it is a Judge who has to decide if the tenant has the right for the anti-eviction measures established in the Decree during the State of Alarm to be applied to them, or not. Thus the landlord has the right to take action against them legally to evict them,


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