Tenant Said She Can't Pay Rent and Won't Respond Now -SF Bay Area

[Annie T.]

Hi Everyone, this is my first property purchased and I am new to being a landlord so would really appreciate any advice here.

I purchased a property with a tenant in the unit back in October and worked with a lawyer to legally raise the rent to market rate this past February 2020. (It is a bigger increase but my tenant was paying well below market rate). My tenant paid her Feb/March rent "under protest" and has decided pay only 2/3 of her rent on April 1st, mentioning she can't pay the full amount. She has not explained why she cannot pay so I'm unsure if it is COVID-19 related or not. It's been more than a week since her nonpayment and I've tried to contact her multiple times but have not received a response.

I know we are in an uncertain time right now and I am trying to work with her but her lack of response is making it impossible. What can I do in this situation? Would really appreciate advice, especially from any legal professionals out there who is familiar with the SF Bay Area. Evictions have been suspended in our area, but can I do anything in the meantime to ensure that I can get the rental payment back in the future and pursue eviction if needed?

[Account Closed]

It's my opinion that it doesn't matter why she isn't paying rent.  Just go ahead and serve the 3 day notice to pay or quit.  If a tenant only pays partial rent, that's the same as non-payment, as far as the law goes.  And, if you accept partial payments, you then in effect agree to that being acceptable going forward.  When you accept partial payments or late payments, you can effectively waive the part of the lease or agreement saying how much they need to pay and by when.  Your behavior can waive the written agreement.  You really don't want to do that, in my opinion.

This tenant is a pain in the rear you want to get rid of anyway.  So, go ahead and give the notice to pay or quit.  She won't move because you can't kick her out yet. But, then you will be in a position to get rid of her asap once the moratorium is lifted.  This doesn't mean she doesn't owe the money.  It just means she can't be kicked out for not paying - yet.

That's what I'd do.  With luck, you'll be able to get rid of a PITA tenant as soon as the eviction ban is lifted - for not paying rent as agreed.  But, you want to position yourself as such that you have always made it clear that she needs to pay this amount of rent on time, end of story.  And she'll owe that amount when the ban is lifted.  She probably won't be able to catch up, so you can get rid of her.  And, as the owner I used to work for (who was by far more patient than I was with this type of tenant) used to say - don't let the screen door hitcha.

What a joke that she was paying under protest.  She thinks that matters.  It doesn't.  A contract is a contract.  You don't pay, you gotta move.  Whether you thought it was fair or not.  Whether you paid under protest or not.  I highly suggest not allowing her to think you need to win her approval.

In case anyone gets the wrong idea - my tenants loved me.  Even the ones who had to move out respected me and if I saw them on the street today, we'd be friendly.  But, some tenants will try to get you to tapdance.  It's your job to tell them, ha ha, nice try but....no.