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All Forum Posts by: Anne C.

Anne C. has started 1 posts and replied 13 times.

Originally posted by @David To:

My property manager has already had her eviction attorney serve the tenant and the tenant's attorney 60 day notice (August and September) so hopefully, it will proceed to the courts in October. 

I served my tenant a 60-day notice in June and today is the day that my tenant is supposed to move out (which he obviously is not). The lawyer who served the 60-day notice said that if the tenant does not move out, I can have the eviction filed and stamped in court and wait until I can proceed in court (similar to what you are doing). But then spoke with another lawyer who recommended that I NOT proceed with eviction if my tenant does not move out at the end of the 60 days because the 60 day notice is ineffective. I think it's because of the city ordinance that states that landlords who know that tenants cannot pay due to COVID cannot serve a notice of termination--and this is a gray area because my tenant has claimed that he can't pay due to COVID but never provided documentation. I'm technically not in violation of any law or ordinance by sending the 60-day notice because my tenant has not fulfilled his obligation to pay rent or provided formal notice and documentation, but second lawyer said he wouldn't proceed with eviction. My tenant then emailed me yesterday saying that he spoke with housing and said that because I'm trying to circumvent the eviction moratorium by using a 60-day termination notice, what I'm doing is illegal. 

Based on what the second lawyer said, I've ultimately decided to not pursue eviction at this point, but curious as to what your property manager's eviction attorney said. Hope your eviction proceeds through court. That would be a big win for all of us here.

Originally posted by @Ginger Harrison:

Hi Anne, I have only one guest house that I just had built on to my house and my Tenant is doing the same thing, meanwhile she has brand new furniture and parties. I was under the impression that the Government moratorium was for federally backed mortgages. My loan is not and I have a construction loan, although I am i Los Angeles County and we have it until September 30th. This is so infuriating, they encourage homeowners to build ADU's so I did now , it's not really mine. !!

 That's terrible! Sorry to hear that. Must be awkward too since you have to live with your tenant on the same property. Really counter-intuitive for the CA government to encourage building ADUs to increase the housing supply, and then take away your right to that property.

Originally posted by @Ama Ols:

We have about 5 percent of tenants who had valid covid issues. But now 50% are not paying. Have many accounts with 5-8k owed now. $200,000 of rent not paid over the last 4 months. Why pay rent when your landlord gives you free housing, free maintenance team, free mortgage, free electricity, free water, free trash? 90% of these tenants are scammers. Housing is apparently a human right that's owed from the owner to the renter. Why can't I go into whole foods and steal their food without getting the police called on me? I guess food isn't a human right... What a ****ing joke. They better supply a massive amount of federal bailout funds to landlords after Trump's little act today, which  he used to buy the voting base.

Totally agree. I'm a small landlord with one tenant (I have two tenants total) in San Bernardino County who stopped paying rent since June 2020, making different claims--work hours reduced and that he's "having difficult times because his coworker died from COVID". I asked him for proof of financial hardship as required by law and he has not provided any. Aside from a couple texts and emails, my tenant has ignored all attempts at communication even though I offered to work out a rent deferral or reduction plan at the beginning of the pandemic if needed. Such BS. 

It is the laziest governing I've ever seen to just issue a blanket moratorium on evictions. Is it so difficult to still allow courts to process evictions to evict non-paying tenants who aren't showing proof of financial hardship and are obviously trying to take advantage of the system? If I don't have money to pay for food because of COVID, why can't I just go into a restaurant, order food, leave, and then have one year to pay them back? Boggles my mind that politicians are focused on this myth that the real estate market is a fight between rich corporate landlords vs poor minority tenants. 

Anyway, I've set aside one year of expense for that rental property to be conservative, but debating whether to take mortgage forbearance or deferral in a few months if it seems that there is no end in sight for the moratorium. Still waiting to hear more on how mortgage forbearance really affects people's credit scores and ability to obtain financing in the future. I've already planned to sell my rental property once I can get my tenant to vacate. I was told that if you take forbearance and then pay that amount back or sell the property and pay off the loan, then it may not affect your ability to obtain future financing as much or at all... Does anyone know how lenders will view that situation?