All Forum Posts by: Ming Wan

Hi,

I've a tenant in Decatur who's now not paid rent for 5 months.When they first became delinquent late last year, my attorney moved forward with filing for eviction. The tenant then applied for TLAC rent relief and my eviction filing has since stalled.

I called the TLAC program - they do want to provide my tenant with relief but they are severely behind on processing cases. I am told they could get to my tenant's case in May 2022.
The problem is that my tenant only applied for rental assistance for 2 months but has now effectively stopped paying further rent and is delinquent by another 3 months. What are my options?

• a) Can I move the courts since the relief amount (if it ever materializes) is lesser than what the tenant now owes? Will the judge be even inclined to hear my case again?
• b) Are there other rent relief programs in Dekalb county that I or my tenant can apply to?
• c) Is cash for keys a good option here? ie I offer to forgive all delinquent rent if the tenant leaves in a month.

I'd love to hear if folks have had similar experiences.
Thanks,

Ming

Update:  

I was able to get help from an eviction attorney. The tenant had a long list of lease violations (pet, unauthorized occupant, you name it, etc). I sent them a cure or quit and followed up with an inspection notice. The tenant chose to vacate the premises. I did a walkthrough today and house looks to be in good shape. 

I know need to figure out how to collect 5 months rent owed. I'll also be going super crazy with my screening going forward.

Big thank you @Nathan Gesner, @Patricia Steiner, @Chad Hale. 

Sorry to hear about the problems you are facing YiBing and I hope you do have some resolution. I've heard good things about Todd Rothbard in the bay area.

The moratorium has been extended. Looks like renters who are >80% median income don't get any aid.

https://www.sfchronicle.com/po...

I interpreted it the same way - above 80% there doesn't seem to be any $$ available but the eviction moratorium still applies.

I hope the final version that passes doesn't have more surprises.

The statement from Newsom's office is here: https://www.gov.ca.gov/2021/01...

I do not believe this has been approved by the legislature yet.

I've linked 2 other interpretations of the extension proposal below

https://abc7news.com/ca-evicti...

"If landlords refuse that deal, the state would pay them 25% of their tenants' unpaid rent. That would ensure those tenants qualify for the state's eviction protections and could not be kicked out of their homes until after June 30."

https://calmatters.org/califor...

"Should landlords not agree to accept the rental relief dollars, the deal instructs courts to reduce damages owed the landlord, assuming the tenant met the eligibility requirements."

I am struggling to understand what would occur if a landlord did not want to accept the terms of the assistance. It sounds like the courts are being instructed to enforce the moratorium anyway. Does anyone have a better source for what not accepting means?

@Nathan Gesner I found your older comments here :)  https://www.biggerpockets.com/... . This makes a ton of sense to me and I'll follow through to check for extra beds and living circumstances on the 2nd inspection.

Tenant let me in today and I now have a list of violations. I don't want to go into the full list here for the purposes of privacy but let's just say that apart from property violations, the tenant is also violating the pet policy and having multiple inhabitants residing in the house.

I am in talks with an attorney who suggests that we start with a 3 day cure or quit. My assumption is with the 3 day cure/quit the tenant will claim to have fixed everything. I can do another inspection on the 4th day for the property violations but the pet policy and un-permitted occupants are harder.  I am guessing I'll have to drive by or ask the neighbors for repeats of pet/occupant violations?

I'd love to hear how you've dealt with post cure/quit situations. @Nathan Gesner, @Steve Vaughan

I'd want to add that I am not trying to be a heartless landlord but I am starting to get worried that this tenant will expose me to liabilities with their bad behavior.

I was at the rental earlier this week and the tenant let me fix something in the garage. I noticed that they'd modified the garage (sheetrock and paint) to make it habitable without informing me. I have pictures.

I then gave the tenant 72 hours notice to inspect (used the standard CA form). The tenant texted me back saying they are worried they have COVID and would like me to cancel my inspection until they get results. My lease has a right to inspect clause.

What are my options? I am not finding any COVID declaration that prohibits me from entering. 

Would love to hear your thoughts @Nathan Gesner or @Steve Vaughan

Thank you @Chad Hale