Introducing the subject of paying back rent during Coronavirus

Introducing the subject of paying back rent during Coronavirus

Member since 2020 · 3 posts · 0 votes

I wonder if you had any thoughts on my situation.

I own a single-family home in Culver City, and it is currently rented to two tenants.

My tenants have indicated that they have reduced salaries and are only able to pay 75% of the rent. They sent me a letter to let me know this is what they were going to do without prior discussion of that reduction with me first. I called them along with my property manager expressing my understanding of their situation, but explained that this is the type of thing that has to be discussed before one side makes a decision contrary to the lease agreement. I tried to get an indication of their intentions for the future once employment and financial things turn around. They indicated that they didn’t know what is going to happen in the future.

I told them that timely communication is key and required, and to let us know any good or bad news that comes up. I explained that we would talk in a month.

In this next call, I need to introduce that they need to pay the remaining balance of the rent eventually.

The lease expires on November 1, 2020. I want to give them time to pay me back, but I also worry we will have no leverage if they decide to move at the end of the lease. I would like to get the lease settled by September.

I am not sure how to proceed. They have been good tenants who seem to enjoy where they are living.

According to Culver City Urgency Ordinance, tenants have up to 6 months following the expiration of the local emergency period to repay any back due rent.

I and my manager want to have a conversation with the tenants and then follow up with a letter of the proposal we agree upon. I am not clear of the legalities of how to offer up the idea of paying back the remaining rent and how to offer up any proposals.

Any thoughts would be appreciated.

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  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y

    You have leverage. If they fail to pay you back in the 6 month, you file suit against them. Then you file for bank levy or wage garnishment. 

    I assume you also have a security deposit. You use this when they move out to cover the missed rent. 

  • Investor · San Diego, CA · Member since 2015 · 435 posts · 421 votes
    6y

    Be glad they're paying you anything, and don't codify your acquiescence to anything by sending them a letter.  Right now, you have NO recourse.  Accept what they pay gracefully, be really, really nice to them, and get ready for the lawsuit - meaning gather as much info on them as possible - where they work, bank account numbers, etc., so that you'll be ready to garnish their wages.  As for the lease renewal - only renew with them if you think that you want to keep them in place, getting whatever amount they are giving you.  Of course, unless the restrictions on evictions are lifted, there's not a darn thing you can do, whether or not you renew the lease.  Probably best to let it simply lapse to month to month, which means that the original rental rate continues.  You can raise it at any time thereafter, if you like and if the restrictions have been lifted.  Educate yourself about how to run an eviction for non-payment of rent where you live, or get a really good eviction lawyer (your local landlord association and the local marshal will know who's the best, and not a general attorney, specifically the guy who runs all the evictions for the local landlords).  The minute that the restrictions are lifted, the minute you are legally allowed to, file on them for non-payment of rent.  As for the back rent, if they're gone before it can be demanded, you're gonna have to get a judgement against them in small claims, and garnish their wages. 

    Don't give them anything in writing that indicates that you agree to any reduction in rent.  The reality is, anyone who has reduced hours can file for unemployment, and receive an enhancement.  Plus they got the stimulus check.  I strongly doubt that they're unable to pay.  And honestly, it's not relevant.  Follow the law to the letter, don't give them anything, and get ready to pounce if they don't make good on it.

  • Rental Property Investor · Naples, FL · Member since 2019 · 4 posts · 0 votes
    6y

    Also, make sure you know their work addresses in case it goes to garnishment. 

  • Investor · Malakoff, TX · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    That ordinance means tenants have 6 months to clear out without paying you. If you want to be in rental properties my advice is go somewhere else 

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