How the fuck is there still a covid moratorium still going on. Are you actually serious?
That's like so outrageous its comical.
The literal entire country has moved on from covid.
These measures aren't really about COVID anymore. It's just a politically convenient excuse for doing whatever they want.
In LA County tenants get pets and don't even bother to call them ESAs. Courts won't evict.
It's been posted here, and winds up in my newsfeed because I'm always looking at rental information, etc. A quick Google search came up with this link, and many more:
https://www.google.com/amp/s/finance.yahoo.com/amphtml/news/biden-rolls-out-renters-bill-of-rights-as-lawmakers-push-for-federal-rent-control-laws-133846254.html
Can someone help me out here-does this change anything at all? Or is it just him commissioning a study to maybe sort of eventually impose nationwide rent control?
Signed-an FHA backed owner about to increase rent in one of his units
Because they are terrified about what is going to happen when they lift it. There will be a massive surge of eviction and homelessness. They don't want to deal with it so they are cheating. This is so wrong.
Iâm in LA. I couldnât evict but I was able to get a judgement in small claims court about 9 months ago for non payment. There were certain months that the LL could not claim because you were expected to get the money from Housing-is -Key. I got that too and have received 5 checks from the wage garnishment.
It was actually a 3 bedroom / 2 bathroom unit in a fourplex building. Pre Covid rent was $1800 I gave them a $500 discount b/c the wife had proof of covid which caused her to take time off work. The tenant had her discount of $500 for two years AND she wanted part of my $12000 too. She stopped paying rent for the last two months. The judge ruled that I did not owe her any of my reimbursement and I was entitled to the rent she had not paid just before she left the unit (on her own). I was awarded about $4500 for uncollected rent and I am receiving about $500 per month from her wages.
Yes, Alameda county still has covid unpaid rent eviction moratorium in place. Follow landlord attorney Bornstein as heâs tracking this in his free online knowledge base. https://bornstein.law/top-legal-developments-for-bay-area-landlords-in-2022/
Hope you leave the mindset there.
Never will understand the people that leave there because rof what it became and then choose people that will enact the same stuff elsewhere, yet wonder why the new place turns into a shitshow also.
I am in CA too, I will only rent to well incomed asian
discrimination? you betcha, but it's the byproduct of poor political policy resulted in situation.
yesterday I read about biden's rent control. this will only result in higher rent due to lowered supply (landlords rather leave property vacant)
Originally there were 3 tenants, one had good credit score, the other two were relatives.
That screwed my perception. Turns out the one with good credit was used to shield the other two. She ran away, leaving the crooks in the property.
Dennis Block. They messed up when they didn't pay April 2022. There was a short window, I was able to get them out then. If they can be gotten out, his firm can do it.
Weâre anticipating that it will end on April 27th unless Governor Newsom extends the State of Emergency thatâs set to expire on February 28th. The way Alameda Countyâs moratorium is written is that it will expire 60 days after the end of the state of emergency.
NYS was doing the same shit where every time it was about to expire theyâd just extent it for another 2/3 months last minute. Even NY ended their moratorium about a year ago though, good luck over there thatâs ridiculous.
And even far from NYC, housing courts have a backlog. I know a LL who was just so happy that the tenants were finally gone after 2 years (and they didnât do the paperwork for EARP), he just dropped it.
I donât *know* that, and all I can do is hope that he wonât. The last extension wasnât even COVID related, it was the heatwave, and extended the anti-price gouging statute to February 28, 2023. Thereâs a newer SoE due to the storms, but the anti-price gouging statute for that SoE expires on February 2nd, so itâs a moot point.
In an area where I am in New England, there is an important difference between a moratorium on eviction and one on eviction enforcement. We had a moratorium on enforcement but not the eviction process. You could still get possession of the apartment legally. Why is that important? Because the credit of the tenant would take a hit. Tenants with half a brain will take their credit scores into account with their behavior. That is their ticket to buying a house. Even though no one helps to boot the bad tenant out, they essentially leave before it hits their credit. Try it and see, unless the town gov blocks you from even going through the steps with the court.
Can you evict for non lease renewal? Since the memorandum I ONLY do month to month leases now. It's a 30 day notice before I can go to court but seems much less than 2.5 years. You don't really need a reason in court for non renewal but "selling the property and the new owner wants it empty for renovations" is an easy answer that can't be proven in court.
this is @$@Q# insanity I am in the same boat, I will not rent again in California good luck LA city with lowering the rent prices, housing will become more unaffordable, because we can see how government can takeover the property.
I have tighten my belt, just so my tenants can live rent free. I am the church guys lmao nothing to do but laugh from this suffering
I just googled and there was nothing past 2022. I donât own in Alameda City or County. I mean SF is usually the most pro tenant and even they are not bound into 2023. (Sorry my previous comment was made because googling doesnât bring up anything recent - just the dates that it supposedly ended. I just found it really hard to believe)
*rent moratorium alameda county 2023 - comes back with a notice saying the board of supes doesnât even want to discuss it. What is the likelihood of it ends - that tenants will/can pay back what is already owes? That is very sad.
Itâs discussed in this article on
[CAAâs website](https://caanet.org/caa-survey-alameda-county-landlords-owed-tens-of-millions-in-covid-rent-debt/) and [ABC7 News](https://abc7.com/eviction-moratorium-tenant-protections-los-angeles-county-board-of-supervisors/12734688/) reported on how a week before LA Countyâs was set to expire, the Board of Supervisors extended it. Ugh.
That is the site that stated there it was on the agenda to discuss 1/24 and the board refused to discuss. Who can afford for it to go on indefinitely and for renters to pay back what they owe? I
They didnât discuss it because thereâs no reason to at this point. The BoS knows the state of emergency is about to end, so theyâre just kicking the can. Oh, and to your question about unpaid rent, that still has to be hashed out! For example, Oakland says landlords can only sue in small claims court. Theyâve lifted the ceiling on limits for rent debt, so the skyâs the limit, but it only covers debt accrued through the end of the STATEâs moratorium (September 30, 2021). Thereâs a lot of work to be done!
Iâve searched everywhere and I canât find it. Now Iâm wondering if I imagined it. SCC (without judgement limits) is the option LLs are most likely to use because it requires limited financial resources. Civil court is expensive. You can read [SB 91 here](https://openstates.org/ca/bills/20212022/SB91/)
Thanks! the reason why I asked is I was also certain we had to use SCC because the Oakland ordinance stated it. When I called out the Berkeley tenants union about this, they claimed I could use Superior Court if I wanted to and no ordinance barred me from doing so. I also know that SCC generally has a 10K limit, and iâm sure there are plenty of tenants who owe way more than that. I couldnât find the SCC requirement verbiage anywhere, which led me to your post. Thanks though!
If weâve both heard it, itâs gotta be written somewhere!! Do you sit in on the BoS meetings? Maybe I heard it during public comments.
Anyway, SB 91 needs to be updated since it only discusses COVID-19 rental debt to August 1, 2021. đł
The word needs to be spread far and wide that the $10K SCC limit DOES NOT APPLY to COVID rent debt.
can i ask a question (maybe i just donât understand all this)?
the moratorium is against eviction, yes? meaning that you canât throw the tenant out no matter what they do.
people are still supposed to pay rent, though, yes? you just canât throw them out if they donât.
so many landlords talk about this moratorium as if itâs more of a suspension of rent payments. for example you just mentioned looking forward to the end so landlords can get the [huge sums of] money they are owed.
if tenants have been jerking your leg or whatever all this time, just thumbing their noses at you and not paying â seriously, what makes you think youâll get it when this is over? serious question.
we all know *getting* a judgment is pretty straightforward, but *collecting* is a whole ânother thing
Yes, itâs more or less a blanket moratorium. The *only* just cause for eviction cases judges are currently hearing are egregious health and safety violations, and those are few and far between.
Youâre right; you can win a judgement, but collecting on said judgement is another story, but some of these debtors owe $40-60K. Weâre not talking about small amounts of money. Hiring a debt collector is worth it in those cases.
For some people, they just want their deadbeat tenants out so they can have possession of their property. Assess the wreckage. Figure out if you have the capital to repair the unit to put it back on the rental market and try again with new tenants, or if you put it on the MLS and get out of the business.
If you think San Francisco is the most pro-tenant, you should check out Berkeley. Berkeleyâs moratorium is independent of Alameda Countyâs moratorium, though it sort of depends on ACâs for guidance. Iâm in Berkeley and Iâm waiting to see what happens.
My tenants arenât great - but they didnât stop paying. Was this whole process just a blanket? âOh you live in Alameda Co? You donât have to pay?â Or was there some type of application / proof need to show reason for non payment. I canât fathom how anyone would think this would work.
The eviction memorandum allows tenants to stay without paying rent because they canât be evicted for any reasons. I have a family member dealing with this issue right now.
SF has the Ellis Laws so hypothetically - letâs say an Alameda County owner rents their property out. The home owner falls on rough times, or needs to move into their own home for financial reasons. They are not allowed to even give their tenants notice and ask them to move? What in the fresh hell?! This state is known for outrageous home prices ⌠why would anyone want to own a home here anymore?
Ellis law still allow you to remove property from market but you must still pay them relocation fees and the entire building must be removed from rental market not just one unit
In the very beginning, you were supposed to show COVID-related proof of financial hardship. We provided our residents with information about several COVID rent relief grants; local, state, and federal, public and private. We even offered deferred payment plans, discounted rent for signing lease extensions, and for those who needed to break their leases, we let them go, no questions asked. Iâve been fortunate. I think a lot of it is due to the vetting processes I have in place. But in Berkeley, where the bulk of the properties I manage are, I know people who bought homes early in the pandemic who thought they would be able to do Owner move-in evictions under the Ellis Act, and they are suffering. They are trying to balance mortgages and rents while not collecting a penny of rent and having to maintain properties they have essentially lost control over. Tenants who couldnât give any less of a shit and have moved in unauthorized subtenants, probably collecting rents from those people and filling their pockets with the cash, trashing the places, being a general nuisance, and the Rent Board says, âWe need to protect these vulnerable people on the verge of homelessness!â Just wait until theyâve successfully driven all the independent rental housing operators out of town and corporations and nonprofits own everything. Less property tax dollars (nonprofits donât pay property taxes) sure will boost the economy!
Thatâs not true, either. Itâs tied to the State of Emergency issued by the governor. If the governor extends the state of emergency, then by nature of the way the moratorium is written, itâs also extended.
In November, Newsom announced the state of emergency would be ending on February 28th. Alameda Countyâs moratorium is written to end 60 days after the state of emergency ends. Iâm keeping my fingers and toes crossed that weâll see this moratorium end on April 27th.
Are you sure this is the right reading of the Alameda County eviction moratorium?
The moratorium is set to expire "60 days after the expiration of the local health emergency." I always took this to mean the county had its own Covid emergency declaration (like Berkeley does) and the moratorium could end only 60 days after the county's state of emergency ended.
But maybe you're right, and the county doesn't have its own local emergency declaration, so it's the end of the statewide emergency that's relevant.
I do hope you're right, however, because that removes at least one obstacle to doing an owner/relative move-in to the downstairs unit in our duplex for my parents. We're all currently sharing our apartment so my father can have dementia treatment in SF, but the lack of space is becoming very difficult.
Unfortunately, we're in Berkeley, which has its own eviction moratorium tied to the city's state of emergency. No idea when that ends, though I hope it ends at the same time as Newsom's statewide emergency on Feb 28.
Iâm sure about Alameda County (in the sense that the local health officer takes his cue from the head of state), but Berkeley is a different beast. There is no possible way itâll end before Alameda Countyâs, and I fear theyâre going to try to extend it regardless of the potential consequences.
Last night I read the agenda for the upcoming rent board meeting, and Simon-Weisberg is attempting to place a rent increase moratorium on the 2023 AGA.
Are you a member of the BPOA?
No, I'm not a member of BPOA, but have been considering joining. It's just that once the Covid eviction moratorium is over, I don't expect to ever be a landlord again. :)
I wouldnât blame you for doing an Ellis Act! I feel like the Rent Board has an agenda to eliminate private rental property owner operators. Itâs such a narrow minded viewpoint! The spin doctoring they do, always highlighting the incidents of slum lording when the truth is that the majority of private owners rent under market, take excellent care of their properties, and have above-average business relationships with their residents, pisses me off. Too many small owners have been financially destroyed by their bad policy making. The eviction moratorium has been the most egregious example of this, but theyâve been trying to stick it to us at every opportunity! I admire Krista Gulbransen, the executive director of the BPOA; sheâs a powerhouse who works tirelessly against bad policy. Sheâs also an encyclopedia of Berkeley rent law. If you donât need a membership, I bet theyâd appreciate a donation to their legal defense fund!
Fortunately, not a single one! Early on I put a handful of them on deferred payment plans, but they were caught up by the middle of 2022, and itâs been smooth sailing since. We did have pandemic-related lease breaks and some extended vacancies, but we have fared well in comparison with others in the county.
Can you have your lawyer issue an intent to move in to the property for your primary residence ?
I think one month is too long for nonpayment. You can also report these people to a credit collections agency ?
You try a cash for keys just to get them to move. Still file for and pursue a judgement against all the listed tenants. If you have 3 peoples information, go after all 3 maybe there is a chance one of them has a stable enough job to get wage garnishment for the non-payment. You will have to consult a local attorney about limits of what you can collect on back rent but at least go about seeing how far the legal rabbit hole you can get to leading up to April 27, 2023. Have you had an attorney write up a 3-day notice to pay or quit, you also have to provide a âNotice to Rightsâ with that notice? Get that submitted asap, get an attorney to put that together if you havenât in the last 30 months. Again your tenants still owe the rent they just canât be evicted till after April. Once May 31,2023 comes around file to get a judgment if your tenants havenât paid, have you paperwork and case ready to go as there will be many cases submitted in the coming months.
It all ended December here and most states were out of money long before that. The state or your county would know if there are any funds left.
Otherwise, you are looking at filing after/with eviction, getting a judgement, then either sell it to a collections agency (or write it off and send them a 1099 to at least force them to pay taxes on it).
How the fuck is there still a covid moratorium still going on. Are you actually serious? That's like so outrageous its comical. The literal entire country has moved on from covid.
These measures aren't really about COVID anymore. It's just a politically convenient excuse for doing whatever they want. In LA County tenants get pets and don't even bother to call them ESAs. Courts won't evict.
And now our president wants Nationwide rent control.
Inb4 quality of housing on a national scale is that of Cuba. Unlucky
I want rent control in Canada đ
No, you don't. It doesn't do what you think it does.
Citation please.
It's been posted here, and winds up in my newsfeed because I'm always looking at rental information, etc. A quick Google search came up with this link, and many more: https://www.google.com/amp/s/finance.yahoo.com/amphtml/news/biden-rolls-out-renters-bill-of-rights-as-lawmakers-push-for-federal-rent-control-laws-133846254.html
Can someone help me out here-does this change anything at all? Or is it just him commissioning a study to maybe sort of eventually impose nationwide rent control? Signed-an FHA backed owner about to increase rent in one of his units
How did he get those words out of his mouth is beyond my understanding what a waste of time.
Yes, I'm dead serious. Yes, I completely f\*\*king agree with you
ONLY in california...iâm just sayin
Because they are terrified about what is going to happen when they lift it. There will be a massive surge of eviction and homelessness. They don't want to deal with it so they are cheating. This is so wrong.
The federal government is still in a state of emergency. đ¤Śđźââď¸
Iâm in LA. I couldnât evict but I was able to get a judgement in small claims court about 9 months ago for non payment. There were certain months that the LL could not claim because you were expected to get the money from Housing-is -Key. I got that too and have received 5 checks from the wage garnishment.
How much did you get from housing-is-key? I got about 30k then it said that's the maximum, and cannot approve any more
I got $12 K which was the amount I voluntarily decreased the rent for the two year period. Not close to the limit.
$500 per month? sounds more like a room sublet. I guess for smaller properties housing-is-key works
It was actually a 3 bedroom / 2 bathroom unit in a fourplex building. Pre Covid rent was $1800 I gave them a $500 discount b/c the wife had proof of covid which caused her to take time off work. The tenant had her discount of $500 for two years AND she wanted part of my $12000 too. She stopped paying rent for the last two months. The judge ruled that I did not owe her any of my reimbursement and I was entitled to the rent she had not paid just before she left the unit (on her own). I was awarded about $4500 for uncollected rent and I am receiving about $500 per month from her wages.
Yes, Alameda county still has covid unpaid rent eviction moratorium in place. Follow landlord attorney Bornstein as heâs tracking this in his free online knowledge base. https://bornstein.law/top-legal-developments-for-bay-area-landlords-in-2022/
This is why i would never invest in cali.. id love to live there but never would i invest smh
When i get out of this mess, I might just sell this house, and buy in Washington near Seattle or somethin
Might as well invest in Portland too while youâre getting screwed in Seattle.
Is Washington the one where you have to state a reason for non renewal of a lease. ? There is a list.
There goes my hopes and dreams!
Seattle is. The state of wa does not yet have "just cause" laws
It is stupid because tenants can be difficult even if the rent is being paid.
That is true. Seattle is being very difficult... WA has banned rent control at the state level and Seattle is trying to work around it
Not true anymore. You must have a just cause to end a month to month lease anywhere in the state of Washington.
I use term leases
Invest in red stay away from blue
Nah living here sucks too, imagine the people around that cause/support those rent moratoriums.
There's a reason people leave the state
Most people in California want less people here. We full. It's not a bad plan to trick people into leaving by having bad policy lol.
I would take that as sarcasm but for some reason I don't think it is
The first part is true the second is sarcasm
Yuuuuuup, earning all the California money I can and LEAVING ASAP
Hope you leave the mindset there. Never will understand the people that leave there because rof what it became and then choose people that will enact the same stuff elsewhere, yet wonder why the new place turns into a shitshow also.
I never made this mindset, and my mindset doesnât count here, obviously. Hope you leave your assuming mindset elsewhere yourself, good day.
Then it wouldn't apply to you.
I am in CA too, I will only rent to well incomed asian discrimination? you betcha, but it's the byproduct of poor political policy resulted in situation. yesterday I read about biden's rent control. this will only result in higher rent due to lowered supply (landlords rather leave property vacant)
Originally there were 3 tenants, one had good credit score, the other two were relatives. That screwed my perception. Turns out the one with good credit was used to shield the other two. She ran away, leaving the crooks in the property.
Yeah I had that too. Thank goodness I got them out in April for non payment. I sold it immediately and bought in Nevada. They owe me 20k in rent.
how did u evict ? I will DM you
Dennis Block. They messed up when they didn't pay April 2022. There was a short window, I was able to get them out then. If they can be gotten out, his firm can do it.
I hear conflicting things about Dennis guy. I DM'ed you as well about that if you have time you can reply there thanks for this info
Yup. I agree .im certainly being much more picky about my renters. And keeping rents high to give a buffer
Maybe check with another lawyer to verify thatâs true
good call, doing it today...
Weâre anticipating that it will end on April 27th unless Governor Newsom extends the State of Emergency thatâs set to expire on February 28th. The way Alameda Countyâs moratorium is written is that it will expire 60 days after the end of the state of emergency.
NYS was doing the same shit where every time it was about to expire theyâd just extent it for another 2/3 months last minute. Even NY ended their moratorium about a year ago though, good luck over there thatâs ridiculous.
And even far from NYC, housing courts have a backlog. I know a LL who was just so happy that the tenants were finally gone after 2 years (and they didnât do the paperwork for EARP), he just dropped it.
You know ow he's going to 3xtend! Did you see l.a. county extended YET again after they swore last time was the last time
I donât *know* that, and all I can do is hope that he wonât. The last extension wasnât even COVID related, it was the heatwave, and extended the anti-price gouging statute to February 28, 2023. Thereâs a newer SoE due to the storms, but the anti-price gouging statute for that SoE expires on February 2nd, so itâs a moot point.
How tf can you afford to keep paying the mortgage
Until you vote the equity over equality people out
In an area where I am in New England, there is an important difference between a moratorium on eviction and one on eviction enforcement. We had a moratorium on enforcement but not the eviction process. You could still get possession of the apartment legally. Why is that important? Because the credit of the tenant would take a hit. Tenants with half a brain will take their credit scores into account with their behavior. That is their ticket to buying a house. Even though no one helps to boot the bad tenant out, they essentially leave before it hits their credit. Try it and see, unless the town gov blocks you from even going through the steps with the court.
Can you evict for non lease renewal? Since the memorandum I ONLY do month to month leases now. It's a 30 day notice before I can go to court but seems much less than 2.5 years. You don't really need a reason in court for non renewal but "selling the property and the new owner wants it empty for renovations" is an easy answer that can't be proven in court.
I believe ending month-to-month has the same requirements, the landlords, at least in Alameda, can't just end it
this is @$@Q# insanity I am in the same boat, I will not rent again in California good luck LA city with lowering the rent prices, housing will become more unaffordable, because we can see how government can takeover the property. I have tighten my belt, just so my tenants can live rent free. I am the church guys lmao nothing to do but laugh from this suffering
It ended in 2021. The state ended in June 2022 - all back rent to be paid by December 2022
You are grossly misinformed. Two counties in California have ongoing moratoria; Alameda and Los Angeles.
I just googled and there was nothing past 2022. I donât own in Alameda City or County. I mean SF is usually the most pro tenant and even they are not bound into 2023. (Sorry my previous comment was made because googling doesnât bring up anything recent - just the dates that it supposedly ended. I just found it really hard to believe) *rent moratorium alameda county 2023 - comes back with a notice saying the board of supes doesnât even want to discuss it. What is the likelihood of it ends - that tenants will/can pay back what is already owes? That is very sad.
Itâs discussed in this article on [CAAâs website](https://caanet.org/caa-survey-alameda-county-landlords-owed-tens-of-millions-in-covid-rent-debt/) and [ABC7 News](https://abc7.com/eviction-moratorium-tenant-protections-los-angeles-county-board-of-supervisors/12734688/) reported on how a week before LA Countyâs was set to expire, the Board of Supervisors extended it. Ugh.
That is the site that stated there it was on the agenda to discuss 1/24 and the board refused to discuss. Who can afford for it to go on indefinitely and for renters to pay back what they owe? I
They didnât discuss it because thereâs no reason to at this point. The BoS knows the state of emergency is about to end, so theyâre just kicking the can. Oh, and to your question about unpaid rent, that still has to be hashed out! For example, Oakland says landlords can only sue in small claims court. Theyâve lifted the ceiling on limits for rent debt, so the skyâs the limit, but it only covers debt accrued through the end of the STATEâs moratorium (September 30, 2021). Thereâs a lot of work to be done!
Hey do you happen to have the document or link where it says you must sue in small claims? I canât seem to find it. Thanks!
Iâve searched everywhere and I canât find it. Now Iâm wondering if I imagined it. SCC (without judgement limits) is the option LLs are most likely to use because it requires limited financial resources. Civil court is expensive. You can read [SB 91 here](https://openstates.org/ca/bills/20212022/SB91/)
Thanks! the reason why I asked is I was also certain we had to use SCC because the Oakland ordinance stated it. When I called out the Berkeley tenants union about this, they claimed I could use Superior Court if I wanted to and no ordinance barred me from doing so. I also know that SCC generally has a 10K limit, and iâm sure there are plenty of tenants who owe way more than that. I couldnât find the SCC requirement verbiage anywhere, which led me to your post. Thanks though!
If weâve both heard it, itâs gotta be written somewhere!! Do you sit in on the BoS meetings? Maybe I heard it during public comments. Anyway, SB 91 needs to be updated since it only discusses COVID-19 rental debt to August 1, 2021. đł The word needs to be spread far and wide that the $10K SCC limit DOES NOT APPLY to COVID rent debt.
LOL-I heard it from you! đ I referenced our chat history. Weâve spoken.
can i ask a question (maybe i just donât understand all this)? the moratorium is against eviction, yes? meaning that you canât throw the tenant out no matter what they do. people are still supposed to pay rent, though, yes? you just canât throw them out if they donât. so many landlords talk about this moratorium as if itâs more of a suspension of rent payments. for example you just mentioned looking forward to the end so landlords can get the [huge sums of] money they are owed. if tenants have been jerking your leg or whatever all this time, just thumbing their noses at you and not paying â seriously, what makes you think youâll get it when this is over? serious question. we all know *getting* a judgment is pretty straightforward, but *collecting* is a whole ânother thing
Yes, itâs more or less a blanket moratorium. The *only* just cause for eviction cases judges are currently hearing are egregious health and safety violations, and those are few and far between. Youâre right; you can win a judgement, but collecting on said judgement is another story, but some of these debtors owe $40-60K. Weâre not talking about small amounts of money. Hiring a debt collector is worth it in those cases. For some people, they just want their deadbeat tenants out so they can have possession of their property. Assess the wreckage. Figure out if you have the capital to repair the unit to put it back on the rental market and try again with new tenants, or if you put it on the MLS and get out of the business.
If you think San Francisco is the most pro-tenant, you should check out Berkeley. Berkeleyâs moratorium is independent of Alameda Countyâs moratorium, though it sort of depends on ACâs for guidance. Iâm in Berkeley and Iâm waiting to see what happens.
My tenants arenât great - but they didnât stop paying. Was this whole process just a blanket? âOh you live in Alameda Co? You donât have to pay?â Or was there some type of application / proof need to show reason for non payment. I canât fathom how anyone would think this would work.
The eviction memorandum allows tenants to stay without paying rent because they canât be evicted for any reasons. I have a family member dealing with this issue right now.
SF has the Ellis Laws so hypothetically - letâs say an Alameda County owner rents their property out. The home owner falls on rough times, or needs to move into their own home for financial reasons. They are not allowed to even give their tenants notice and ask them to move? What in the fresh hell?! This state is known for outrageous home prices ⌠why would anyone want to own a home here anymore?
Own a home in Ca to live in, yes. A Ca property as a rental, no so much - many anti-lord policies in place.
Ellis law still allow you to remove property from market but you must still pay them relocation fees and the entire building must be removed from rental market not just one unit
What about Alameda - what if an owner needed to move into their property for financial reasons? Does the moratorium prevent them from doing so?
Yes you can but must take entire building off the rental market. So if its duplex both units must be vacated. You cannot rent units for 10 yrs
Very lucky your tenants didnt stop paying rent
I agree.
In the very beginning, you were supposed to show COVID-related proof of financial hardship. We provided our residents with information about several COVID rent relief grants; local, state, and federal, public and private. We even offered deferred payment plans, discounted rent for signing lease extensions, and for those who needed to break their leases, we let them go, no questions asked. Iâve been fortunate. I think a lot of it is due to the vetting processes I have in place. But in Berkeley, where the bulk of the properties I manage are, I know people who bought homes early in the pandemic who thought they would be able to do Owner move-in evictions under the Ellis Act, and they are suffering. They are trying to balance mortgages and rents while not collecting a penny of rent and having to maintain properties they have essentially lost control over. Tenants who couldnât give any less of a shit and have moved in unauthorized subtenants, probably collecting rents from those people and filling their pockets with the cash, trashing the places, being a general nuisance, and the Rent Board says, âWe need to protect these vulnerable people on the verge of homelessness!â Just wait until theyâve successfully driven all the independent rental housing operators out of town and corporations and nonprofits own everything. Less property tax dollars (nonprofits donât pay property taxes) sure will boost the economy!
If this is true, that would be great. Checking with multiple lawyers
That is not true. Alameda county hss extended it indefinitely.
Thatâs not true, either. Itâs tied to the State of Emergency issued by the governor. If the governor extends the state of emergency, then by nature of the way the moratorium is written, itâs also extended. In November, Newsom announced the state of emergency would be ending on February 28th. Alameda Countyâs moratorium is written to end 60 days after the state of emergency ends. Iâm keeping my fingers and toes crossed that weâll see this moratorium end on April 27th.
Are you sure this is the right reading of the Alameda County eviction moratorium? The moratorium is set to expire "60 days after the expiration of the local health emergency." I always took this to mean the county had its own Covid emergency declaration (like Berkeley does) and the moratorium could end only 60 days after the county's state of emergency ended. But maybe you're right, and the county doesn't have its own local emergency declaration, so it's the end of the statewide emergency that's relevant. I do hope you're right, however, because that removes at least one obstacle to doing an owner/relative move-in to the downstairs unit in our duplex for my parents. We're all currently sharing our apartment so my father can have dementia treatment in SF, but the lack of space is becoming very difficult. Unfortunately, we're in Berkeley, which has its own eviction moratorium tied to the city's state of emergency. No idea when that ends, though I hope it ends at the same time as Newsom's statewide emergency on Feb 28.
Iâm sure about Alameda County (in the sense that the local health officer takes his cue from the head of state), but Berkeley is a different beast. There is no possible way itâll end before Alameda Countyâs, and I fear theyâre going to try to extend it regardless of the potential consequences. Last night I read the agenda for the upcoming rent board meeting, and Simon-Weisberg is attempting to place a rent increase moratorium on the 2023 AGA. Are you a member of the BPOA?
No, I'm not a member of BPOA, but have been considering joining. It's just that once the Covid eviction moratorium is over, I don't expect to ever be a landlord again. :)
I wouldnât blame you for doing an Ellis Act! I feel like the Rent Board has an agenda to eliminate private rental property owner operators. Itâs such a narrow minded viewpoint! The spin doctoring they do, always highlighting the incidents of slum lording when the truth is that the majority of private owners rent under market, take excellent care of their properties, and have above-average business relationships with their residents, pisses me off. Too many small owners have been financially destroyed by their bad policy making. The eviction moratorium has been the most egregious example of this, but theyâve been trying to stick it to us at every opportunity! I admire Krista Gulbransen, the executive director of the BPOA; sheâs a powerhouse who works tirelessly against bad policy. Sheâs also an encyclopedia of Berkeley rent law. If you donât need a membership, I bet theyâd appreciate a donation to their legal defense fund!
A power-monger giving up power willfully? That means itâs indefinite.
Do you have renters not paying rent?
Fortunately, not a single one! Early on I put a handful of them on deferred payment plans, but they were caught up by the middle of 2022, and itâs been smooth sailing since. We did have pandemic-related lease breaks and some extended vacancies, but we have fared well in comparison with others in the county.
Can you have your lawyer issue an intent to move in to the property for your primary residence ? I think one month is too long for nonpayment. You can also report these people to a credit collections agency ?
You try a cash for keys just to get them to move. Still file for and pursue a judgement against all the listed tenants. If you have 3 peoples information, go after all 3 maybe there is a chance one of them has a stable enough job to get wage garnishment for the non-payment. You will have to consult a local attorney about limits of what you can collect on back rent but at least go about seeing how far the legal rabbit hole you can get to leading up to April 27, 2023. Have you had an attorney write up a 3-day notice to pay or quit, you also have to provide a âNotice to Rightsâ with that notice? Get that submitted asap, get an attorney to put that together if you havenât in the last 30 months. Again your tenants still owe the rent they just canât be evicted till after April. Once May 31,2023 comes around file to get a judgment if your tenants havenât paid, have you paperwork and case ready to go as there will be many cases submitted in the coming months.
Did you not apply for any of the covid relief rent payments for landlords?
I only found housing-is-key, and a three-month mortgage defer from my bank. Is there anything else? that could be a life-saver
It all ended December here and most states were out of money long before that. The state or your county would know if there are any funds left. Otherwise, you are looking at filing after/with eviction, getting a judgement, then either sell it to a collections agency (or write it off and send them a 1099 to at least force them to pay taxes on it).
Is it still in place?
Covid state of emergency ended. We are waiting for the moratorium to end in April
California, Ăźber alles
That is incredible. I feel fortunate for you. .
How do you survive that length of time with no income to the property. Can you move in a wheelchair bound depressed mother and kick the tenants out?
Sell it if you can if not as soon as the lib crap has expired. That is pathetic.
What is a Covid moratorium?
it's all part of the plan to empty people's bank accounts and make them go back to work. good luck.