Seeking Advice on a Non-Paying Tenant in CA

[Lily Eric Broberg]

I have a non paying tenant in Oakland, Ca. She was vetted and placed by a property manager in the area in January and then I decided to self manage after that until it got too confusing (in May).  She let me know in April she would not pay related to corona virus but since then has not informed me one way or the other and has not responded to inquiries about making a payment plan (and is 3 months behind). My tenant told me she would pay $4000 in May and then did not deposit it. At that time I got a property manager to help me with my situation because I didn't want to do anything wrong. She told him she would pay $4000 in June and then did not. She apparently had a baby in June as well. She has been non responsive to both the property manager and me since (I only email maybe once in three weeks). I understand that having a baby is a big deal but usually does not excuse you from paying rent.

She had given me checks for the year to pay her rent with (in lieu of a cosigner) and I tried to cash the June one last week (because she told me she could pay and then didn't) and it bounced. Every one of those checks bounced, even before the corona virus. She moved in January 1 2020 and did end up paying up through March despite the bouncing of each month checks.

Does you have any advice or updated information? Oakland is extremely pro tenant, and I was told by a lawyer there is absolutely nothing I can do except try to get mortgage forbearance. The property managers are also throwing up their hands. I am still paying my mortgage because I wanted to refinance and was thinking I would not be able to if I didn't pay it. It was also confusing as it said I had to pay the entire balance after 3 months (I am aware this can be extended).

Is there any landlord protection for this kind of situation? Any programs that are paying rent for people like this? Curious if there is a solution I am not thinking of.

[Bryan Devitt]

You wanted a cosigner and instead she gave you a bunch of IOUs written on paper with some numbers on it? If she's willing to sign a lease that you feel she won't follow through on, what is the difference to her signing checks that she won't follow through on? Bouncing checks doesn't matter to courts and it will get you no where. The only time they care is when they do it maliciously or with identity theft. Good luck with the situation, but I doubt you'll get anywhere with cash for keys unless you give her enough with first, last and security and somehow her bank statements look as good as they did in January. If we go with the odds in situations like this, you're stuck with her until the eviction moratorium is over with. If CA is like MA that could mean August 2021 or later with another extension or two