All Forum Posts by: David To

https://www.ranchomesarentals....

Check out the above link. It's possible, but the landlord will have to cover relocation expenses. Bummer but it's still better than a non-paying covid squatter.

I wonder if even in an eviction moratorium ban, can the owner of the property do the following:

1) if it's a month to month lease

2) declare it off the market at the end of next month so that the owner himself will move back into the property

3) and thereby, the tenant must move out regardless of inability to pay due to covid

Just wondering if there's a legal way for the owner or his brother / sister / family member moving into the property and so the tenant must vacate? IS this possible to do legally?

By the way, they only have to pay 25% of rent by the end of January 2021 in order to be able to stay and squat in your property for September through January of 2021. And additionally, they have to sign the declaration of covid hardship, which pretty much anyone will sign since they can can flat out lie about it. Then you would have to pursue all your back-rent through small claims court starting in March of 2021 but the tenant basically has a full year after the moratorium ends to pay it back, if they pay it back.

I'm talking to my property manager and having the property manager's eviction attorney look into a possible eviction in September due to the fact that the tenant re-keyed the locks which is a direct violation of my lease agreement, and thereby is automatic grounds for termination / eviction. I should have the law on my side to evict the tenant since the eviction moratorium due to covid hardship (cannot make rent payments) doesn't apply if they violate any conditions of the residential lease agreement (like altering the property, changing locks without owner's written permission, adding a pet, etc.). So I believe I can pursue this in September since the judicial council has ended the eviction moratorium so court proceedings of this nature other than covid can proceed.

HI Anne, check out this gentleman: 

Dennis P. Block & Associates

https://www.facebook.com/evict...

My property manager already submitted a 60 days eviction notice at the start of August, hoping to kick out the tenant in October, but I'm not sure how that's going to hold up.

This is totally insane, these politicians putting the burden on landlords to provide free housing to other people, when these other people should be moving in with family members or to a cheaper, smaller apartment instead. Also, these people have been collecting unemployment with the additional $600 a week federal money for 4 months and never bothered to pay any amount towards rental payment (money which we pay for in tax) and they get for free. These politicians are brain dead. They worry about a large homelessness crisis during a pandemic when homelessness can easily be avoided by simply moving in with relatives and family members, taking on roommates to share the cost of rent, or moving to a cheaper apartment.

Now a lot of landlords are going to be out of rent for an entire year, not to mention depreciation on the properties due to neglect and damage and wear and tear which these landlords will have to pay out of pocket to fix if they want to sell their properties in the future or rent it to someone else once the eviction moratorium is lifted.

The eviction moratorium is supposed to end on September 30 or so. So yes, you have to wait until the eviction moratorium ends before your eviction case can be processed. You can still file it in advance and it will be placed in the queue. But right now, you cannot evict him until after September. Hopefully, it won't get extended again.

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. 

Imelda, agree completely. Homelessness is not an issue. It's simple economics. If someone is living on a property they cannot afford, they simply move to a smaller place somewhere else for half the price and problem is solved. And if necessary, get a roommate to share an apartment with. Squatting off someone else's property and causing all kinds of damages and depreciation, that's all going to cost the landlord. So the eviction moratorium is stupid. Make the rules such that the tenant, in order to get the extra federal unemployment, must pay at least half of it to rent. Else, move to a smaller unit or take in an extra roommate. I'd rather have a property remain vacant to I can spend time cleaning up and getting it ready and back-online so it could be available for someone else to rent.

I have no updates. Some research on my part pretty much indicates the chance of winning a class action lawsuit against the State of California / Judicial Council is slim. There's already lawsuits filed already from others but the eviction moratorium still got extended so those lawsuits are not having any effect. I am rescinding to the fact that I'll be out of 6 months minimum of rent and most likely a lot longer. This year is totally screwed.