California call for class action lawsuit on Eviction Moratorium

California call for class action lawsuit on Eviction Moratorium

Newport Coast, CA · Member since 2014 · 95 posts · 73 votes

So I owe two homes that I'm renting out, one tenant is paying just fine but the other tenant owes me two months of non-payment and are not paying since she's been unemployed. If she applies for unemployment, she'd be getting about $4,000 a month in California, which is more than enough for the rent payment. But she isn't cooperating and I believe is abusing the system.

I wonder, what is better to do? With California's judicial council law, you have to wait another 90 days after the governor lifts the eviction moratorium (that means July 28, 2020 plus 90 days afterwards so we are looking at October 28, 2020). That's a potential of 5 - 6 months where the tenant doesn't have to pay me a single dime and will be squatting in my house for free. Not to mention any damages to the property I will have to suffer as well. And it could get extended to 2021.

What's the chance of me getting the rent back-pay owned to me? The tenant can simply delay and move out or get evicted in November and it could end up in small claims court if I want to get any money back or a collection agency will have to go after the tenant (and the collection agency gets 40% of anything they can collect on). 

Should I gamble on this or look into how to file a class action lawsuit against the State of California and the Judicial Council?

Any other people in California having these issues and would like to get together to file a Class Action Lawsuit or offer suggestions on joining local Landlord associations who are already looking to do so? Strength in numbers is the way to do anything about this. 

Do other landlords have problem tenants that are not paying as well?

Let me know your thoughts.

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Investor · wilmington, NC · Member since 2012 · 3 posts · 28 votes
6y

Absolutely you need to sue them. I own several hundred rental units in other states, otherwise I'd join you in helping cover the costs. California needs businesses to start putting a lot of pressure on it. The good news is that most of the businesses are moving to Texas which is the biggest hurt that they can put on the state. Without businesses it loses its revenue and becomes a trash heap. Sue them. They are violating your constitutional rights and probably violating the takings clause. They are usurping your property for the benefit of the public. They must reimburse you for taking your private property and using it. Start reaching out to landlords, you can get all their contact info using reonomy which only cost about $100 per month to get direct owner contact points. Get a handful together to start, so you have some cash to initiate the class action. If we can get more landlords across the country to take action we have the possibility of 30 million housing units suing the federal and state governments! Federal Cares act alone is causing over 5 billion in damages for it's moratoriums imposed on landlords.

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  • LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    5y

    @David To I don’t think it will make it to the end of 2021. Max I believe it will get too is June/July of 2021. There’s currently a vaccine for covid that just came out all we have to do is for them to max produce it and give it out to people. But then again courts will have to play catch up with all the evictions that will have to get processed 

  • Member since 2018 · 51 posts · 10 votes
    5y

    Ya the initial reason my tenant wouldn't leave when the lease was up was basically she was too afraid of covid, now that the vaccine is out and will be widely available theres no more excuses. I just want to sell the place and be done, I've gone basically a year paying for this person to live there. If they push this another year with no compensation for landlords I dont know what to do. Its unbelievable.

  • Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    5y

    Yeah, courts can and will take months. Look at how long it's taking me. What ********.

    1) spent $250 for 60 days notice of termination to tenant back in July (stating owner will move back in October and take house off the rental market; within the laws and does not violate covid non-payment); also tenant rekeyed house back in April, in direction violation of lease agreement

    2) October comes and tenant still there, providing statement of covid hardship and states she doesn't have the financial means to move and will be staying put

    3) spent $1600 to eviction attorney to proceed with the serving in October

    4) tenant's attorney replied back on 12/1/2020 stating to give them a 60 day extension so they will be out end of January (to which I agree to)

    4) finally got a case number (trial is set for Monday, December 21) which happened yesterday; but now they are continuing to bull **** (the nerve of them to ask for one month security deposit back and I should forgive them of all debt and not pursue small claims court if they move out by Feb 1)

    5) I told my attorney ********, no way are they getting anything back from me and I will pursue small claims court for all back-rent owed plus property damage plus all legal fees

    6) so the trial continues and will re-convene back on 1/21/2020

    What a load of crap. I am personally very angry right now. Amazing that this is the only business in America where you are providing a service for free at the moment. Imagine me asking my attorney for $35K worth of free court appearance /advise or a real estate agent to forgo the 6% fees on selling of a home or demanding my property manager give me 20 years of free property management or going to Best Buy every week and coming out with a cart full of electronics good without paying, etc. Or coming out of a Ford dealership with a brand new Mustang GT vehicle. Unbelievable.

  • Member since 2018 · 51 posts · 10 votes
    5y

    I'm so sorry to hear that David. It breaks my heart hearing everyones situation, at least we have this to let off some steam but its a small respite. 

  • Member since 2020 · 2 posts · 2 votes
    5y

    greetings.  I've been feeling pretty alone in all this mess.  I'm SO ANGRY that the government has removed our one protection for our businesses.  Frankly, if they want to have a rent moratorium, they need to be paying us directly.  The idea that they pay the tenant for 'rent assistance' and remove our ability to evict means the tenant has no incentive to ever pay us.

    I'm dealing with a woman who has refused to pay rent for months and has shut down all communications.  She was month to month and I wanted to sell the property, so we gave her notice in Oct to vacate by end of Nov.  She is still in there avoiding us, paying nothing.

    I think she's even getting rent assistance, but I've seen nothing.  We had a court date, but the supreme justice of NC decided to stop all court cases until Jan 21st.   

    We were not getting her out due to covid, but from overstaying her lease and breaking the lease agreement by having others stay in the house.

    If Biden extends the moratorium without direct payments to landlords then we are in Venezuala and nothing we 'own' is real.  I'm just broken hearted about this situation.  Our family worked so hard to own rentals and we should not bare the burden in housing these squatters. 

  • Member since 2020 · 19 posts · 0 votes
    5y

    Really!  I saw this headline but couldn't open to the story itself:

    Gov. Newsom announces “It’s very likely that we’re going to extend the stay at home order”

    This hits my stomach like a brick.  Here's the link which I was unable to click on:

    Gov. Newsom announces "It’s very likely that we’re going to extend the stay at home order" | News Thud

    Does anybody have the details on this?  Does it mean the eviction/rent moratorium will be extended for another year?  

    Lord, have mercy!


  • LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    5y

    @David To we as landlords have to sometimes take our emotion out of this business/situation we are currently in. Your case is very unique and me personally would want something locked in before we go into another shut down which I see happening. Specially with a new Covid 19 strain found in the UK. The last thing you want is for the courts to shut down again and this tenant of yours milk you for another 6-10months. I would bite the bullet get something signed by the tenant in court get this tenant out and move on with life. The chances of this person paying you back  if you can take this person to small claims court is slim to non. That’s just my personal opinion. But keep us posted on what your planing on doing. 

    @Marie Pruden I’m in California and well theres 2 bills that have been introduced that will extend tenant protections until the end of 2021. I can see it happening as cases are climbing here like wildfire 

  • Member since 2018 · 51 posts · 10 votes
    5y

    @Elise Hileman I'm going through a similar situation where I sent my tenant a 60 day since I wish to sell the property. Radio silence so far from the tenant and not paying rent either. Im hoping since I want to take the unit off the market and sell that I will be able to be done with this mess but it seems the government is controlling what I can do with my property. I'm not some big time investor, I worked really hard for all this, why is the burden on me to take care of this person.

  • Member since 2018 · 51 posts · 10 votes
    5y

    its like I understand putting thing in place to protect and help people since things are hard right now for everyone. but they made it too easy for tenants to lie and take advantage here. And to keep kicking the can down the road and extending moratoriums will never solve anything

  • Member since 2020 · 2 posts · 2 votes
    5y

    my biggest gripe is how the government is paying the tenant.  They need to be paying me, not the tenant if they are forcing me to keep them in place.  

    I'm honestly just at a loss on whether or not I should keep investing in houses at this point.  

  • Member since 2018 · 51 posts · 10 votes
    5y

    @Elise Hileman Ya I agree with you 100%. I feel the same way about investing but theres still a good amount of people that are paying and this wont go on forever. Iv'e def halted my plans but I believe it is still a good way to invest, this sort of thing wont happen again for a 100 years...hopefully. 

  • Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    5y

    Yeah, of course 80-85% of renters are still paying (but that's because they still have the same jobs and the same pay so for them, it's business as usual). It's the other 15-20% that you have to worry about, the ones that no longer have a job. But some are getting more money in unemployment ($600 / week federal money for 4 months on top of state money) and then decreased to ($300 / week federal money) and still refuse to pay a single penny. These people are the ones scamming the system and the politicians are idiots to provide unemployed people with free money when a part of that money (50%) should be going directly to the landlord to keep tenants in place. That's why I don't feel sorry for all these tenants demanding rent forgiveness, etc. and crying they will be homeless. Prove it. Show me your bank statements the past 1-2 years, show me your unemployment benefits and small business paychecks, prove to me you are not receiving any of these benefits, show me your net worth and if it's near zero and that you don't have any family members to move into and only then do you get a human right to squat for the time being. Else, you don't have a case.

  • Member since 2018 · 51 posts · 10 votes
    5y

    @David To Yes I agree with that as well, I cant believe they dont have to prove anything, just sign the declaration and thats it. With my tenant she keeps calling the unit her home, its like lady this is a vacation rental on airbnb this isnt a home, it was never meant to be.

  • Member since 2020 · 19 posts · 0 votes
    5y

    So Governor Newsom has just extended California lockdown up to -- I don't know when.  Does that mean he has also extended the eviction moratorium?  Does anybody know? I'm feeling so sad. What the government is doing to us is so unfair! 

  • San Jose, CA · Member since 2018 · 6 posts · 4 votes
    5y

    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. 

  • Member since 2020 · 19 posts · 0 votes
    5y

    Ravi Shankar.  And of course there was no suggestion whatsoever that the government should help pay the rents, right?

    This is adding insult to injury.

    Thanks, Ravi.  I'm still trying to digest all that.  (I'm in Vallejo.)

  • Member since 2020 · 5 posts · 5 votes
    5y
    Hi all,

    I posted my mom's story back in July 2020 (quoted below for context). We have since worked with 2 lawyers (one closed for business halfway through since the eviction courts were closed, so we had to start over with a new one last fall), and we finally see the light at the end of the tunnel months later.

    We submitted an unlawful detainer last August and finally got a response from the court in December. The court literally awarded us judgment for a lockout in mid-December but withdrew it after because the unlawful detainees objected, claiming under perjury that they "mailed in a response" the court never actually received. We don't know how long we have to wait for a second hearing and have decided to settle. The unlawful detainees have gotten desperate since they know they have no right to be on my mom's property, and are realizing that they will eventually lose the legal battle. They've hired an attorney and, after several attempts to extort a huge sum from my mom via cash for keys, have dwindled their request to the low thousands. Yes, it sucks we have to pay these people when they've hijacked my mom's house for more than a year without paying even a cent, but it's a huge sigh of relief for my mom, my siblings, and I, who have stressed over this for all of last year. We just want this all to be over. Now that papers are signed, they have to move out by the end of the month. Yes, we could have held on until the very end, but we felt it was all a losing battle. With all the eviction moratorium extensions, we didn't want to risk the eviction courts closing again. More importantly, we don't think we have it in us to continue the legal dance months or years longer, knowing how California courts would never let us garnish these people's wages and recuperate the $34,000 in unpaid/forgone rent (for past 13 months), as they don't work at all.

    Anyway, I have been following this thread since last summer and empathizing with everyone's experience. I thought it fitting to at least share the conclusion of our story for closure. My mom is actually planning to sell her properties and move to another state. This experience has really made her lose faith in the California justice system, and she's ready to retire (finally!). Best of luck to everyone still fighting the good fight! I wish you all the best, and hope karma does for us what California courts refuse to do.
    Originally posted by @Chris H.:

    Just found this thread here today and created an account to post. All, I feel so sorry to hear about each of your situations. Even though landlords across the country are suffering, there is so little media out there that sympathizes with what we're going through. Not all of us are rich enough that we can forego months' to years' of rent and still stay afloat, and we're definitely not greedy for defending our right to the use of our property. The government has essentially shoved the burden of homelessness on our shoulders, promising that we will get paid eventually, but they're not considering how costly, emotionally tolling, and time-consuming it will be when we have to sue for back-rent in civil court...all the while knowing that, realistically, we have little chance of getting anything back if the subtenants "can't pay" or are judgment proof. My mom's rental situation is taking a huge emotional toll on her, so my siblings and I are looking for solutions and are interested in joining any class action lawsuits against the right entity. There is power in numbers, and we want to stand up for our rights.

    Our situation began before the eviction moratorium, and we've felt really trapped for months. My mom is a landlord in LA and relies on rental income from a few small residential properties. In February 2020, the tenants in a unit on a lot she lives on vacated per a 60-day notice, after my mom discovered they've been subletting the house to internet strangers without her consent, violating the lease agreement. The notice to vacate included all the Jane and John Does currently residing in the property but, unfortunately, the unauthorized subtenants did not leave. They've been avoidant, unwillingly to communicate with us/disclose their names in the beginning, and hid whenever they saw my mom. While they apparently only subletted the back room from the previous tenants, they now occupy the whole house freely without paying any rent, and we've been unable to file an unlawful detainer due to the eviction ban even though we posted the notice in mid-February. 

    Due to the eviction ban that just keeps getting extended, our lawyer suggested we try offering cash for keys since my mom is suffering emotionally living on the same lot as these people. We offered a generous $3k to help with rent and moving costs, since they apparently only subleased the single back room for $900/month ($2,X00/month for whole house). They asked for more—$15k to be exact, after not even being authorized to live there and or bothering to work things out with us all year; apparently, the John Doe in the house has PTSD and just finished dialysis (neither of which we knew since they never talked to us!), and we caused emotional distress to him via this ordeal, so they deserve more for emotional distress. When we responded empathetically to his situation and tried negotiating up to $5k, they said no and shared they will now also be going after my sister for "intimidation". Apparently, when my sister parked in the driveway when visiting my mom, she revved her engine too loud and honked at her to intimidate her (according to my sister, she did no such thing and I believe her—we are adults). This is clearly extortion on their part because they know they can live rent-free without being evicted for months and will only leave for $15k. We are now preparing to foot costly lawyer fees ($10k+ according to our lawyer's experience with difficult cases like this), and likely won't see a cent back since we have so little information about these people and they may not have anything to lose.

    My heart goes out to everyone who is truly struggling due to the pandemic and are, in earnest, doing their best to be responsible tenants by communicating with their landlords and trying to work things out. The people we are dealing with are definitely not such people. This entire eviction moratorium is truly very unfair to landlords dealing with people who are abusing the system, and my family would like to help fight for what's just if we can.

  • Member since 2018 · 51 posts · 10 votes
    5y

    @Chris H.

    Thanks for posting the conclusion to your story, I was actually thinking about this group recently and was hoping everyone was doing ok. I really hope your mom is able to take some time for herself and can emotionally and mentally take a break. I know all to well what those breakdowns are like with all these extensions but it sounds like you guys are almost out of the woods and that's great to hear. I don't blame her with moving out of CA, I've been debating that myself whenever my problem tenant situation is over as well. 

    I guess to update my situation, my condo in Palm Springs is still being occupied by someone I met though Aribnb back in March. We've gotten to the point of me taking it off the rental market and hopefully being able to sell it. We sent this person a 30 day an started putting up the property on the MLS. My realtor wanted to come in and take new pictures but the tenant refused stating they have a medical condition and didn't want to be put in danger with covid. So now we also sent her a letter asking her to prove this disability. I hate having to force someone to address that but I've caught this person in numerous lies. I also hired a private investigator to look into this person because I feel like shes very shady. The PI found that the person was not using my address and is using a PO box instead and has lived in like 20 diff places within 20 years and very checkered history that includes a bankruptcy. The PI thinks she is probably hiding from someone, prolly owes someone money. It seems like she has a history of doing this to people in the past but covid has just been her golden ticket. I'm hoping we will be able to serve with an eviction next month and when we have to go in front of a judge she will just disappear. I just need to sell the property, I hate it had to end this way but I just need it to be over, I'm so tired of this crippling stress. I hope everyone else is hanging in there.

  • Member since 2018 · 13 posts · 8 votes
    5y

    @Chris H. Glad to hear your stressful situation is coming to an end.  Truly unfair how landlords were forced to shoulder the burden of homelessness. And so frustrating that nearly every article in the media was biased towards the tenants' struggles and painted landlords as greedy and unsympathetic. 


    I wanted to update on my case as well-- 

    I changed eviction companies in late Dec 2020 after finding out that the first eviction company I hired was incompetent, had my unlawful detainer rejected twice due to clerical errors, and lied to me about the rejections. The first eviction company claimed for 2 months that the courts were really backed up and taking a long time, and I got so fed up that I started calling Fontana Court myself to follow up on my case. That's when I find out that the eviction company had been lying about 1) my case being rejected multiple times and 2) how backed up / slow the court was. Fontana Court was actually only backed up by 2-3 days. Also turns out that workers at Fontana Court are very responsive and helpful--so if any of you are doubtful of what your eviction company is telling you, call the courts directly. 

    The second eviction company filed my case all over again, using the same 15-day notice that was posted in Sept 2020. The tenant never signed the declaration of hardship or provided proof of hardship (required because he is a high income tenant according to AB3088). The second eviction company filed the unlawful detainer in late December 2020. Neither my tenant or any of the other occupants at the property responded to the court after we got the unlawful detainer, so the court awarded a default judgment in favor of the landlord. I received the writ of possession in early February 2021 and the lockout date is set for next week. 

    So relieved and happy to know that I finally see an end to all this. I'm going to try to sue the tenant for back rent given that he has a stable job at a company and is high income--I should at least try once, right? Then I plan to sell the property after the tenant vacates and similarly do not want to invest in real estate anymore in California. I've also lost faith in the California justice system, along with the fact that there has been and will continue to be a mass exodus of corporations out of California. I had purchased a duplex in the city of LA in 2020 that I will turn into a triplex with the addition of an ADU--this was a great buy and I will keep it long-term, but moving forward will be looking to invest out of state in Texas or Atlanta. In the meantime, until I'm ready to start looking out of state, I plan to invest most of the cash from selling my rental into index funds in order to diversify my investments and not be caught in such a financially risky position again.


    Hope the moratorium will not be extended past June 2021 given that vaccines are being rolled out. Wishing everyone luck on their case. It helped to constantly remind myself that this is temporary (albeit a very long temporary) and that you will be able to evict your tenant at some point in the near future. 

  • Member since 2018 · 51 posts · 10 votes
    5y

    @Anne C.  Thanks for the update and I'm happy to hear that it sounds like things are nearly over for your situation too. I had a similar situation with the law firm I'm using, we originally sent the tenant a 60 day but found out literally the day we were gonna send her the eviction the 60 was invalid because they didn't use the correct verbiage. Its bad enough having to deal with a tenant but when people who are supposed to help you feel like another burden it just unbearable.  

  • Member since 2020 · 5 posts · 5 votes
    5y

    @Heather Collins An Airbnb person staying this long is simply ridiculous... I'm not surprised this lady has a sketchy history. The people my mom dealt with also has a history of lawsuits visible online. I think this blanket eviction ban really brought out the worst behavior in the sketchiest of people. Wishing you good luck with your case next month. Hope the eviction happens as planned, and you can finally breathe a little!

    @Anne C. Thanks, too, for sharing your updates. I know many people are still struggling with their situation, but it is nice to see others who are finally making progress here. It sounds like so much time was wasted last year because of incompetent eviction services, but I'm glad you eventually found a service that works for you. We were so bummed about starting over with a new lawyer after the one we worked with for months told us they decided to close down, but luckily the new lawyer we picked is fast and aggressive. Also, I would definitely consider going after back rent with that high-income working tenant—I can't see how they can win in court without any proven hardship. Best of luck with your new and future investments!

    @All else, hang in there. Vaccines are rolling out right so it's only a matter of time.

  • Rental Property Investor · San Diego, CA · Member since 2014 · 1k+ posts · 2k+ votes
    5y

    Hi all this is Swanny from Podcast 238.  I traded all my RE in for apartment complexes in Ohio and we have won every eviction over there due to the judges being tired of these mental midgets lying regarding Covid and not following the CDC standards on their end.  

    Crazy!!

    Swanny

  • Rental Property Investor · San Diego, CA · Member since 2014 · 1k+ posts · 2k+ votes
    5y

    Feel free to contact me.  California is not a place I want to have rental properties at the moment.

    Swanny

  • Rental Property Investor · San Diego, CA · Member since 2014 · 1k+ posts · 2k+ votes
    5y

    I sold my 10 rental properties here in San Diego in 2015, 2016, and 2017.  

    I went from $50,000 cash flow peak in 2013 and 2014 for my now $200,000 cash flow.  Plus, we are now refinancing all the Money we invested total out.  So, what’s the return if you have Zero invested. 
    Infinity!!!

    Swanny

  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    5y
    Originally posted by @Chris H.:
    Hi all,

    I posted my mom's story back in July 2020 (quoted below for context). We have since worked with 2 lawyers (one closed for business halfway through since the eviction courts were closed, so we had to start over with a new one last fall), and we finally see the light at the end of the tunnel months later.

    We submitted an unlawful detainer last August and finally got a response from the court in December. The court literally awarded us judgment for a lockout in mid-December but withdrew it after because the unlawful detainees objected, claiming under perjury that they "mailed in a response" the court never actually received. We don't know how long we have to wait for a second hearing and have decided to settle. The unlawful detainees have gotten desperate since they know they have no right to be on my mom's property, and are realizing that they will eventually lose the legal battle. They've hired an attorney and, after several attempts to extort a huge sum from my mom via cash for keys, have dwindled their request to the low thousands. Yes, it sucks we have to pay these people when they've hijacked my mom's house for more than a year without paying even a cent, but it's a huge sigh of relief for my mom, my siblings, and I, who have stressed over this for all of last year. We just want this all to be over. Now that papers are signed, they have to move out by the end of the month. Yes, we could have held on until the very end, but we felt it was all a losing battle. With all the eviction moratorium extensions, we didn't want to risk the eviction courts closing again. More importantly, we don't think we have it in us to continue the legal dance months or years longer, knowing how California courts would never let us garnish these people's wages and recuperate the $34,000 in unpaid/forgone rent (for past 13 months), as they don't work at all.

    Anyway, I have been following this thread since last summer and empathizing with everyone's experience. I thought it fitting to at least share the conclusion of our story for closure. My mom is actually planning to sell her properties and move to another state. This experience has really made her lose faith in the California justice system, and she's ready to retire (finally!). Best of luck to everyone still fighting the good fight! I wish you all the best, and hope karma does for us what California courts refuse to do.
    Originally posted by @Chris H.:

    Just found this thread here today and created an account to post. All, I feel so sorry to hear about each of your situations. Even though landlords across the country are suffering, there is so little media out there that sympathizes with what we're going through. Not all of us are rich enough that we can forego months' to years' of rent and still stay afloat, and we're definitely not greedy for defending our right to the use of our property. The government has essentially shoved the burden of homelessness on our shoulders, promising that we will get paid eventually, but they're not considering how costly, emotionally tolling, and time-consuming it will be when we have to sue for back-rent in civil court...all the while knowing that, realistically, we have little chance of getting anything back if the subtenants "can't pay" or are judgment proof. My mom's rental situation is taking a huge emotional toll on her, so my siblings and I are looking for solutions and are interested in joining any class action lawsuits against the right entity. There is power in numbers, and we want to stand up for our rights.

    Our situation began before the eviction moratorium, and we've felt really trapped for months. My mom is a landlord in LA and relies on rental income from a few small residential properties. In February 2020, the tenants in a unit on a lot she lives on vacated per a 60-day notice, after my mom discovered they've been subletting the house to internet strangers without her consent, violating the lease agreement. The notice to vacate included all the Jane and John Does currently residing in the property but, unfortunately, the unauthorized subtenants did not leave. They've been avoidant, unwillingly to communicate with us/disclose their names in the beginning, and hid whenever they saw my mom. While they apparently only subletted the back room from the previous tenants, they now occupy the whole house freely without paying any rent, and we've been unable to file an unlawful detainer due to the eviction ban even though we posted the notice in mid-February. 

    Due to the eviction ban that just keeps getting extended, our lawyer suggested we try offering cash for keys since my mom is suffering emotionally living on the same lot as these people. We offered a generous $3k to help with rent and moving costs, since they apparently only subleased the single back room for $900/month ($2,X00/month for whole house). They asked for more—$15k to be exact, after not even being authorized to live there and or bothering to work things out with us all year; apparently, the John Doe in the house has PTSD and just finished dialysis (neither of which we knew since they never talked to us!), and we caused emotional distress to him via this ordeal, so they deserve more for emotional distress. When we responded empathetically to his situation and tried negotiating up to $5k, they said no and shared they will now also be going after my sister for "intimidation". Apparently, when my sister parked in the driveway when visiting my mom, she revved her engine too loud and honked at her to intimidate her (according to my sister, she did no such thing and I believe her—we are adults). This is clearly extortion on their part because they know they can live rent-free without being evicted for months and will only leave for $15k. We are now preparing to foot costly lawyer fees ($10k+ according to our lawyer's experience with difficult cases like this), and likely won't see a cent back since we have so little information about these people and they may not have anything to lose.

    My heart goes out to everyone who is truly struggling due to the pandemic and are, in earnest, doing their best to be responsible tenants by communicating with their landlords and trying to work things out. The people we are dealing with are definitely not such people. This entire eviction moratorium is truly very unfair to landlords dealing with people who are abusing the system, and my family would like to help fight for what's just if we can.

    Sorry you have had to go through this.  

    How many lawyers did you consult with?   They seem to be squatters and not tenants assuming they have no lease from the owner.  Having a lease from someone that has no authority to lease the unit does make them a tenant.  

    I hate cash for keys?   It encourages this behavior so another LL is more likely to experience the same horrors from these squatters.  I wish instead you spent the money on the best connected, bulldog lawyer that would have found a legal way to get them out of your property.  

    So sorry this happened, but paying them does all LL a disservice.  

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