Landlord Protections During California's Eviction Moratorium

[Tracy Meyers]

Hello,

I would like to know if anyone who has been renting units during the pandemic has found a way to protect landlord rights during the eviction moratorium currently in place in California. Unfortunately, even the most thorough tenant screening these days isn't always enough. Although I understand the moratorium is currently scheduled to end on June 30th in many parts of the state there is always the possibility that it could be extended or re-instituted at some point.

Has anyone found a way to structure lease agreements for new tenants in such a way that the tenants waive their right to the eviction moratorium or would otherwise be held responsible for unpaid rents during the pandemic (other than rent relief assistance)?

Has anyone heard of waivers to the pandemic tenants rights being upheld in court or heard from any attorneys about a waiver's validity?

Thank you kindly for time and consideration.

[Nathan Gesner]

You and your tenant can agree to anything you want, but that doesn't mean it's legally enforceable. For example, you could put a clause in the lease that says the tenant has to buy you a car if you he is one day late on rent. You both sign it and you have a legal, binding contract. But if you ever end up in court, the judge (and law) will say your agreement is unreasonable and it will be thrown out.

You're asking if you can create a lease agreement that is reasonable, while owning rental property in a state that is unreasonable. It won't work. You have to play by the rules or face some serious consequences down the road.

The solution is to sell your property in California while markets are at a peak (that's today, if you haven't noticed) and invest your money in a different market that has reasonable laws and fair courts.