Cash for keys vs Eviction / San Jose

[Ming Wan]

Hello,

I have a SFH property in San Jose where the tenant has not made even 25% cumulative rent the past 3 months. Rent is 2500$.

Losses incurred till date. 7000$

The lease expires March 30th. I am starting to worry that Newsom and co will a) expand the state moratorium into Q3 and b) not allow eviction for holdover tenants (just like in NY). I am also worried that Biden will extend the federal moratorium even more. I am not too thrilled by the state/federal possibilities of landlord assistance. Even if California gets 2B from the rental assistance pool, I doubt I'll see even 1000$ and that too might take months to play out. 

Tenant is not low income and has not applied for any rental assistance to my knowledge. However tenant returned the covid declaration along with several pay stubs for September/October (I did not ask for the paystubs). When I examine the pay stubs I see that the tenant has worked overtime for several weeks - in effect earning more than their monthly pay for that period. So the act of signing the declaration appears like perjury to me. 

What are the chances of an attorney willing to challenge the tenant? 

There are some other potential lease violations like the tenant getting their boyfriend to live in the house. How would I even prove this as a lease violation?

There are several other infractions like broken lights, not maintaining the backyard , etc. But all these seem like things that the tenant could wriggle out of.

I am also willing to look at other alternatives, like cash for keys, of getting my house back before any more moratorium extensions. 

What is the best strategy for cash for keys? How do I make a cash for keys offer without weakening my position even more? Should I be using a real estate attorney to make the offer or should I be doing it? How much should I be offering for them to go away considering the rent is 2500$? 

This forced government takeover of my property rights is leaving me totally stressed! I'd love to hear your opinions.

[Lam N.]

Sure, cash for keys will be cheaper just like paying paying bribes every time. In the long run, though, you're not doing yourself and the rest of us landlords a favor. 

As for me, I don't care how much it would cost me.  You mess with me I am doing what it takes to give you an eviction on your record.

I just had a tenant offered to pay me all 5 months in full and move out so they don't get an eviction. They stopped paying because some family told them the cdc moratorium meant they didn't have to pay rent. I spent months explaining to them that is not how it works.  I finally filed and had the sheriff serve them.  When they called and offered to pay in full what they owed, I said no and pushed through the eviction. They now got an eviction on their permanent record. Next step is I am sending my lawyers to garnish their wages. I don't care that this is an inefficient way to deal with this. I refuse to reward for bad behavior.

But it is your property. Do what you think is best for you. I'm just saying cash for keys is rewarding for bad behavior. You are feeding wild dogs and then ask why they keep gathering around your property demanding more food.