Furniture and personal belongings are still there and his work truck is still parked in the driveway as it was at the beginning of October.
That's certainly an indication that he has not abandoned the property regardless of where he is or what he's doing.
Are utilities in his name? Are they still on?
This guy is a cable linesman, employed and not effected by Covid.
How do you know he is still employed? How do you know that his income hasn't suffered due to Covid? Sure, he could be a deadbeat taking advantage of the situation. According to what I read below, you can't evict him but you can get a judgment for unpaid rent if you want to sue for that now. Though that's probably not a good idea since you won't be able to sue him again once you get a judgment for any amount. Worse, the law gives him some powerful defenses if you attempt to evict based on an allegation that he's not financially effected by Covid.
I think your situation is untenable, just like millions of landlords all over the US.
You're not going to like this idea but you might want to figure out how much you are going to lose if the moratorium extends past Jan 1 throughout winter and maybe offer him a few thousand dollars to get his stuff out and surrender the property to you. The unpleasant alternative is to wait until the moratorium is lifted, then file for eviction and past due rent, and hope that you might someday collect. Which, in my own experience, is unlikely.
Sorry, but I don't see a "legal" solution for you.
I'm reproducing this here so I have it to refer to.
Tenant Safe Harbor Act
On June 30, 2020, New York State (NYS) enacted the Tenant Safe Harbor Act to prohibit residential tenants from being evicted for unpaid rent that comes due while restrictions on businesses, public accommodations and nonessential gatherings are in place as a result of the COVID-19 pandemic. You cannot be evicted for unpaid rent that comes due during the COVID-19 covered period if you have suffered a financial hardship. The COVID-19 covered period is defined as beginning on March 7, 2020 and ending when there are no longer restrictions on businesses, public accommodations and nonessential gatherings put in place by the Governor’s Executive Orders. While you are still responsible for any unpaid rent that comes due during the COVID-19 covered period, only a money judgment can be brought against you, not an eviction.
The Tenant Safe Harbor Act:
- Prohibits courts from issuing a warrant of eviction or judgment of possession against you – the residential tenant or other lawful occupant – if you have suffered financial hardship during the COVID-19 covered period.
- Allows you, as a tenant and other lawful occupant, to raise financial hardship during the COVID-19 covered period as a defense in a summary proceeding.
- Allows courts to award a judgment for the rent due and owed to a landlord in a summary proceeding.
In determining whether you have suffered a financial hardship during the COVID-19 period, the court shall consider:
- Your income prior to the COVID-19 covered period;
- Your income during the COVID-19 covered period;
- Your liquid assets (property that can easily be converted to cash); and
- Your eligibility for and receipt of cash assistance, supplemental nutrition assistance program, supplemental security income, the NYS disability program, the home energy assistance program, or unemployment insurance or benefits under state or federal law.
https://www.nycbar.org/get-legal-help/article/landlord-tenant/evictions/
