Does A Government Shut Down Affect My Rents?

by Mark Zinman, Zona Law Group

Question:We have residents that are government employees, and they are not getting paid during the shutdown. What am I supposed to do?

Answer: This is partially a legal question and partially a managerial discretion question. As to the legal question, while this situation may be unique, it boils down to a simple answer: You should follow your policies, unless you wish to create a new policy to address this situation. A person not getting their paycheck is not your fault and is not a legal defense to not pay their rent. Legally, you can serve notice and pursue an eviction if they fail to pay, even if the default is due to the federal government not paying its bills. However, given that you know the reason for the problem, you could make a decision to work with such employees and enter into payment plans or other arrangements. The most important thing, if you do this, is to apply an objective standard to avoid fair housing issues. You would then offer this same option to all government employees that are facing the same difficulties. Beyond that, you should follow your regular policies.