Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
San Francisco Real Estate Forum
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 4 years ago,

User Stats

6
Posts
4
Votes
Ravi Shankar
  • San Jose, CA
4
Votes |
6
Posts

Tenant not paying rent - signed COVID hardship - San Jose

Ravi Shankar
  • San Jose, CA
Posted

Hello forum members,

I'd want some advice. I've a rental in San Jose where the tenant/s has stopped paying rent.
Here is a chronology of events:

Original lease had 2 tenants (joint lease)

August- One tenant A pays half rent and the other B doesn't even respond.
September
- Tenants have a disagreement and send a flurry of text messages asking us to intervene (we do not).
In mid September
, we consult lawyers and send notice to perform or quit along with a hardship form.
We later realized that tenant A's boyfriend assaulted tenant B. This caused tenant B to file a police report and also get a restraining order on A and boyfriend (restraining order expired end of September). Apparently Tenant A and boyfriend were arrested.
Late September
- Tenant B sends us police notices as evidence. Tenant B moves out a few days later.Tenant A signs hardship form and gives us 2 paystubs for 2 weeks in August claiming they didn't work the other 2 weeks due to Covid.
October
- Tenant A signs lease amendment taking over full responsibility for the house.

Rent status: We haven't received rent for 2.5 months.

Our lease agreement did not seem to have an explicit clause that would deem the tenant A's behavior unlawful. We've something along the lines of "Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. "
So I am unsure if I missed an opportunity to evict this tenant before sending them the hardship form. Since the tenant already signed the covid hardship form, what are my options at this point?

I can understand if the tenant is suffering from hardship but when I spoke with them last week there seems to be no inclination to pay - not even the 25% rent. Tenant fully understands Covid protections that are in place. They supplied us with paystubs as part of Covid hardship but I can't judge whether it's real hardship or not since the tenant supplied only 2 paystubs.
While I sympathize with the tenant, how do I get them to pay at least 25%? I don't want to sound vindictive but I am committed to taking them to small claims court in January should I not receive full rent. I followed some of the discussion in this thread but there hasn't been an update from the OP who was in a similar situation.

My wife's talked with 2 lawyers and both have suggested there isn't much that can be done other than serve the tenant with the Perform or quit covenant (with the hardship form) which we did in September.

I would love to hear from fellow forum members on what we can do at this point. I'd also want to learn about missed opportunities so that I do not repeat mistakes again. fwiw, most of my rentals are managed by PMs. This and another SFH we manage ourselves.

Thanks,

Loading replies...