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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  • John LyszczykPro Member
    Rental Property Investor · Marine City, MI · Member since 2016 · 146 posts · 230 votes
    6y

    It pains me to hear what my fellow landlords are going through. I heard something that they might offer "Landlord Financial Assistance", but not sure if that's true or not. Either way, it's not a good idea. The Government just wants to break your leg only to say they helped you get the crutches. I fear this is going to start developing in Michigan as we are a Democratic state. 

  • Member since 2020 · 1 post · 1 vote
    6y

    I am a landlord and I feel the government is unfair to the landlord for not allow us for evict bad tenants.  Tenants are taking advantage and don't pay even they have money. I want to join the class action.  We should do something or else they will extend it until we lost our house. 

  • Fresno, CA · Member since 2015 · 552 posts · 181 votes
    6y
    Originally posted by @David To:

    Ricardo, this is horrible. Both city of San Diego and state of California has extended eviction moratorium to end of September. So they went from June 30 to July 28 to September 30. Damn, they are screwing landlords while giving tenants (who don't deserve it) a free ride. The government is screwing is pretty good. 

    We have to get active and vote these lawmakers out

     https://myemail.constantcontac...



    https://www.aacsc.org/

    As a Result of COVID-19, AB 1436 (Chiu) Is Introduced.Tenants May Be Authorized To Indefinitely Stop Paying Rent♦♦♦♦♦♦Please call our Senators (listed below) and urge them to VOTE NO ! This bill may be voted in the Senate Judiciary Committee within the next few weeks and if Assembly member Chiu and his co-authors are successful, it will be immediately sent to the Senate floor for a vote. ABOUT THE BILLAny default in the payment of rent that occurs by any tenant during the current State of Emergency due to COVID-19, initially put in place by the Governor on March 4, 2020, cannot be the basis for an action of unlawful detainer. This prevents evictions for non-payment of rent or a lawsuit for collection of unpaid rent for an indefinite, unspecified period. The bill declares that:

    • It shall be unlawful to terminate all tenancies based on a failure to pay rent.
    • No court will award possession and no tenant will have violated the unlawful detainer law for failure to pay rent within ninety (90) days from the end of State of Emergency’s (the end is unknown and cannot be determined at this time).
    • There shall be a blanket exemption for all tenants regardless of their employment status or financial ability to pay rent.
    • Tenants who receive guaranteed government payment or rent subsidies can also stop paying rent.
  • Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    I called all 4 senators, got the people who worked there answered my call, and stated that I would like the senators to vote NO on AB 1436. Hopefully, the majority of them will vote NO.

  • LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    6y

    I highly doubt it will get passed in the Senate. I mean who knows what can happen now with all these horrible rules and regulations happening over covid 19

  • Member since 2020 · 10 posts · 4 votes
    6y

    Finally someone has listened to the Landlord’s side of the story! Please read my story posted on The California Globe.

    https://californiaglobe.com/se...

  • Member since 2020 · 4 posts · 0 votes
    6y

    I have a owner occupied house that I just built a rental house on, it is my only rental, first rental and my tenant hasn't paid in 2 months,  she says she lost her job and can't get unemployment because she was paid in cash and says she can't find a job and has no job skills,  I went over and she now has 2 dogs and a cat,  and says she has no idea of when she can pay and will not move out,  she is now on a month to month since May,  I am looking to sell my house now since my plan of having something to help pay my mortgage so I have a retirement, seems like a bad idea but the person that wants to buy it doesn't want a tenant in the guest house and if I can't get her out then I guess I can't even sell my house. 

  • Member since 2020 · 4 posts · 5 votes
    6y

    These landlord stories are long overdue! I am sorry to hear what you have been going through. If my mother's tenant does not move out July 11th (Cash for Keys offer), like she says she is going to do, then it will be the 6th month she has lied to us. We do not have much hope that she will move out till we are able to evict, which looks like it will not be till 2021 sometime. I hope the pending lawsuits, or landlord stories will help make a change. I have thought to physically protest outside of my elderly mom's home and gets news station to cover. She has been trying to move back into her home since January. The tenant is not affected by COVID19, but like other con-artist tenants, is using the blanket eviction ban to stay in my mom's home till..... She has also threatened us! So, thank you for getting this article published!

  • LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    6y

    This just comes to show that not even lawsuits are able to somehow help or motivate law makers to lift moratoriums on The landlords behalf. This just comes to show we are now sitting ducks getting ready to get hunted down. 

  • Rental Property Investor · Blackhawk, CA · Member since 2012 · 46 posts · 14 votes
    6y

    I'm in the same situation with con artist tenants.   Newsom's plan is lazy governing.   All he has to do is to not make it a "blanket" moritorium and make the tenants prove economic hardship through predetermined government standards and let us evict those taking advantage.    This is not okay.   We're taxing paying citizens unable to use the court system.  I'm thoroughly disgusted with Cali government. 

  • Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    Any ideas on how to protest peacefully while at home against the governor? Like flood his email with denouncement of the eviction moratorium? 

  • Rental Property Investor · Blackhawk, CA · Member since 2012 · 46 posts · 14 votes
    6y

    I’ve been posting almost daily on his Facebook page.... (I even got a “top fan” icon. Ha! Ha!) if we flooded it, it might have a bigger impact. 

  • Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    I just posted on Newsom's facebook account as well complaining of this issue. If it continues well onto next year, landlords in California should start considering selling their holdings and moving their money / investment into more friendly landlord states and avoid California going forward. 

  • Rental Property Investor · Blackhawk, CA · Member since 2012 · 46 posts · 14 votes
    6y

    The posts might be seen more if we also posted comments under his latest “broadcast” post.  They won’t remove it. 

  • Member since 2020 · 10 posts · 4 votes
    6y

    Debbie, currently there is no accountability on the tenant. They do not have to prove any hardship. That’s what’s so f’ed up about this. 


  • Rental Property Investor · Blackhawk, CA · Member since 2012 · 46 posts · 14 votes
    6y

    Yes, trust me I know! Unbelievable! I’m disgusted with the governor. 

  • Developer · San Francisco · Member since 2020 · 13 posts · 8 votes
    6y

    You can report the tenant to the credit agencies and report their debt. If they care about their credit score, they would comply. Many truly need forbearance which I encourage you to work with the tenant, and some abuse the system. 
    There is a class action which you can join here

    https://www.sfgate.com/realestate/article/Landlords-sue-SF-eviction-moratorium-15377248.php

  • Member since 2019 · 12 posts · 5 votes
    6y

    @Ari S. Do you know how to report the tenant to the credit agencies? Do we need to hire a collection agency or use some third party service? 

  • Developer · San Francisco · Member since 2020 · 13 posts · 8 votes
    6y

    Yes I think you will need to go through a collection agency, but the process is not  cumbersome, and to be frank the tenant needs to know that you have this tool at your disposal

    https://homeguides.sfgate.com/...

  • Member since 2019 · 12 posts · 5 votes
    6y

    Thanks, I think with this option most tenants will pay unless they are truly unable too.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y
    Originally posted by @Ginger Harrison:

    I have a owner occupied house that I just built a rental house on, it is my only rental, first rental and my tenant hasn't paid in 2 months,  she says she lost her job and can't get unemployment because she was paid in cash and says she can't find a job and has no job skills,  I went over and she now has 2 dogs and a cat,  and says she has no idea of when she can pay and will not move out,  she is now on a month to month since May,  I am looking to sell my house now since my plan of having something to help pay my mortgage so I have a retirement, seems like a bad idea but the person that wants to buy it doesn't want a tenant in the guest house and if I can't get her out then I guess I can't even sell my house. 

     Pretty sure there is an exemption for selling the property. Check with your attorney or read the law. 

  • Rental Property Investor · Lancaster, CA · Member since 2015 · 103 posts · 55 votes
    6y
  • Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    Steve, he didn't caused anything. His lawsuit and others have no weight. The eviction moratorium has been extended to end of September in California. The chance of winning is slim to nil. The chance of a collection agency getting back pay from renters is also slim to nil.

  • Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y
  • Member since 2020 · 10 posts · 4 votes
    6y

    In order to report a non payment of rent to the credit bureau, you have to have a judgement against the tenant. I spend all day trying to figure out how to do so and that’s what I found out. It’s crap! 

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