All Forum Posts by: David To

I checked the lease agreement and it doesn't state anywhere if I have to pay management fees if the tenant isn't paying. In normal times, if a tenant doesn't pay, we would evict them right away within a month but under covid issue, this is a different situation. So I don't see it stating anywhere in the lease agreement about owner having to pay management fees if a tenant doesn't pay rent. So not sure how to resolve this.

Also to David K, this covid squatting tenant hasn't allowed us into the property and also rekeyed the place. And the property management company hasn't had to fix anything or do anything since March other than emailing them and getting a covid letter in response, etc. The tenant for the most part has ignored most communication through email and phone except when it was essential that she produced statement / PDF file of covid hardship.

By the way, for people on this post, please read this post and let me know your thoughts.

https://www.biggerpockets.com/...

Okay people, let me get your opinion on this. I have a property management company that I'm with for over a year now. Problem is this:

1) Property 1 (management fee: $150.00 per month)

2) Property 2 (management fee: $125.00 per month)

So tenant on Property 2 hasn't paid anything since April due to covid and I cannot evict due to eviction moratorium.

But my property manager is still collecting rent from tenant on Property 1 and continues to charge me the full $125.00 on Property 2 by taking the money from Property 1.

Is this valid reasoning to you? If tenant on Property 2 isn't paying, then the Property Management company shouldn't be getting any money either (or at the very least, I would pay them a reduced fee of only $50.00 per month or so). Why should I have to bear the burden of the cost and have money taken from Property 1 to pay for Property 2 so that the Property Management company gets their due and I the home owner get left out in the cold?

Let me know your thoughts. Because I didn't realize this was happening until just now and now I'm very mad and thinking of getting rid of this Property Manager at the end of year and finding someone else or doing it myself.

What do you think is fair? What do you think I should do? Get rid of Property Manager?

David To

Still waiting. Attorney served the court paper to the tenant. Tenant has until 12/1/2020 to answer. After that, no idea what's going to happen until my attorney responds.

Marie, you should be able to evict her because:

1) violation of lease agreement (taking in several new people)

2) modification of property without owner's consent (also causing a health hazard)

The problem is that tenants know they don't have to pay anything. Even when they are collecting unemployment insurance, with the added bonus of $600 / week from the feds, some of them weren't paying a single penny. They are living it up with free tax payer's money (more money than they would be making if they were working full time).

The landlords get thrown under the bus here in California. 

Damn, I hate the democrats and their stupidity of pushing everything for free (free healthcare, forgiveness of student loans and debts, free rent), etc. There's no such thing as a free lunch. Someone else has to pay for all the free stuff someone else receives. Just like Obamacare. You are simply taking money from some class of people and giving it away freely to another class of people. 

Well, my squatting, covid tenant was supposed to move out today but she didn't and provided my property manager with the Covid hardship statement, and states she cannot afford to move or pay rent at the moment. Yeah, she had a great 4 months where she was collecting unemployment insurance of over $3200 per month and still refused to pay me a single penny. This is totally an adult individual leeching / parasitic on another person. Well, hopefully, my property manager and the eviction attorney can move forward through the courts because gave her 60 days notice of termination because I'm moving back into the house. Plus she violated the lease agreement by rekeying without written permission from owner and refusing to give the new key to property manager and myself.

Heather, has she been paying all this time though? Or did she refused to pay? If she violated the lease agreement, you should have a great case in your favor. Also, you should also consider in your talk with your attorney that you will be moving back into the property and taking it off the airbnb marketplace. 

There's a 60 day termination of tenancy served to the tenant and tenant attorney back on July 28, 2020 for tenant to be out of the property end of September 2020. That's all I know. If they don't comply, I believe then the paperwork will be filed with the courts.

1) they violated my lease agreement by re-keying the locks and refusing to let me do a walk-through (excuse was she has covid)

2) since it's a month to month lease, I can also end the lease and state I will be moving back onto the property and taking it off the rental market

Hopefully, these two conditions will hold up in court and will favor me.