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How can I get rid of a protected tenant?
I’m a landlord, and I have a tenant who hasn’t paid rent in over four months. I can’t evict her because she’s a “protected tenant.” Can you get rid of a protected tenant?
Patrick Price · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
How (and if) you can get rid of a protected tenant is, unfortunately, not a question with one specific answer—a great deal of background and context information is needed to know how you should proceed.
The issue is the term “protected tenant” has hundreds of different legal definitions, all pertaining to different situations and locations. Whether or not you have any legal recourse to challenge your tenant’s protected status entirely depends on why she is protected in the first place.
If she is protected because she or one of her immediate family members was the victim of domestic violence, then you absolutely cannot get rid of her. If she was protected from eviction as a result of the CDC’s COVID-19 eviction ban, on the other hand, her protected status likely ended in August of 2021 when the Supreme Court’s ruling ended that ban—at least on the federal level. Some states still have their own versions of the ban in place.
You’ll find that what state you’re in has a huge impact on tenant and landlord rights/obligations. If you’re determined to get this tenant evicted, you should start by checking your state’s laws regarding the matter.
Before you move forward, try speaking to her about why she hasn’t paid rent. You may be able to come to an agreement without having to involve the law.
As a landlord, you likely require your tenants to have a minimum level of renters insurance. If you direct them to the
licensed insurance broker
app called Jerry
, they’ll be able to find great deals and reduce the c of their renters insurance
. Saving all that money will help them make rent and reduce the likelihood that you’ll have to track them down. You can also use Jerry yourself to reduce the
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or your car insurance rates
. View full answer
- Gregory R.
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Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.
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