All Forum Posts by: Ravi Shankar

Found this from about 3 weeks ago.

"City of Los Angeles apartment owners recently lost their bid in Federal Court to halt the application of Mayor Eric Garcetti’s eviction moratorium[1] and rent freeze ordinance[2] (the “City Moratorium”). Senior United States District Judge Dean D. Pregerson ruled on November 13, 2020 that the apartment owners had failed to show “irreparable harm” because (a) there was no immediate threat of foreclosure, and (b) the City Moratorium appeared to be “imminently reasonable” in the context of the unprecedented pandemic.[3]"

https://www.natlawreview.com/a...

Pretty sad that the judiciary is passing the buck to the legislature and not wanting to get involved. 

You have my sympathies @Andrea Coulter. I am in a similar situation in CA. I've learnt my lessons and can ride out the short term losses and I am looking forward to ensuring that my tenant does not get to rent easily for a long time.

@YiBing T. I have a tenant who is behaving the same way even with me making improvements to the house over the last several months (new water heater,etc).  Tenant only texts me if they have a small (not even 25% payment) or if they want something fixed (at this point I've stopped making all repairs). With the courts being closed till January, there is nothing I can do in CA. I will be consulting an eviction attorney to explore all possible means.

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,

No the PM is asking me to return it back to the tenant. There are many posts here on biggerpockets about investors being concerned about the Chicago RLTO changes which state tenants can sue landlords for minor errors with the security deposit. So PM's dont want to deal with this at all.  

I would like to know what other landlords who have inherited tenants in Chicago have done.

Hi,

Newbie to biggerpockets here.

We closed on a house in Chicago and our property manager is adamant that we return the security deposit that was transferred over from the seller. I've read the Chicago RLTO summary and read enough posts here to understand his point of view.

But how do I now ensure that the tenant will behave properly ? Some people here seem to suggest a move-in fee. How can this work with an inherited tenant? What are the other ways to ensure good tenant behavior?

Thanks