All Forum Posts by: David J.

@Russell Brazil with all due respect, risk has nothing to do with my point. I understand risk vs reward quite well but it's moot. 

@John D. All fair points.

I would suggest starting with something simple. How about requiring tenants to work closely with their landlords to prove hardship via financial statement. A form 433-F could be used. (here). If the tenant is unable to prove hardship and still refuses to pay, then eviction is back on the table in this case.

I mean it's off the top of my head and I am sure you can punch a few holes in it... but there's a start. 

The current system cannot work if landlords have ZERO recourse whatever. I personally already have a tenant who is abusing me. I have a hunch many in this thread don't know what that feels like. It's only a matter of time. As I said, the current policy is a ticking time bomb. 

@Russell Brazil forbearance is a joke. In 3 months I have a balloon payment. Unlikely tenants will have caught up to cover this. To your second point. It doesn't matter if landlords have reserves they should not be compelled by law to spend those reserves to provide free housing for abusive tenants with false hardships. While some tenants have REAL hardships, I am not talking about that. I am talking about a system that requires landlords to unfairly spend their own money to support extortion. Remember landlords are trying to survive the same pandemic and have their own families to feed. I hope we can get passed the cliche talk I am seeing in this thread and get down to the facts that something is wrong here with this policy.

@Robert C. I agree with you 100%. It's always important to plan even for the most unthinkable of situations. However, even if one could have foreseen this with perfect accuracy and is fiscally ready, I don't think it means we should roll over and capitulate to unfair treatment and a complete dissolution of our rights.

There is no excuse for leaving landlords with ZERO recourse whatever. It doesn't have to be like this! I KNOW we can do better. It's not unreasonable to expect policy that has a bit more balance built into it.

The current policy is a disservice to all, tenants and landlords alike. A more balanced approach could see us through these dark times with minimized loss to society. But the current policy is a ticking time bomb. 

@John D. I completely understand where you are coming from. I also agree with a lot of what you said here. My only objection is the idea that we are trading one issue for another issue.

To be clear, I am not advocating for business as usual. I am advocating for landlord rights to defend their property from abusive tenants. At the moment landlords have ZERO rights' to our own property while still maintaining all the risk. Why does the buck stop with me? How about I tell the bank "Welp, my tenant refuses to pay rent, so you pay it"... No chance. And forbearance is a joke. In 3 months I have a balloon payment. Unlikely tenants will have caught up to cover this.

I 100% want to support my tenants with a valid hardship. I do not want to pay a free ride for tenants who think this is a "chance in a lifetime" to get free rent. Something has to give!

@Jay Hinrichs I ask, what good are rights if when needed they are stripped away? Are they even rights at all in this case? Or just a feel good slogan? 

@Jay Hinrichs It seems your argument boils down to "bad things are happening to lots of people therefore it's ok if bad things happen to you".

While I must agree that the situation is truly unique and wholly unprecedented, I DO NOT agree that removing the rights of private citizens who own property is ok.

To further suggest that "I" revisit my reserve policy is incredibly myopic and totally missing the point. I could easily counter and suggest that tenants who miss their rent payment at the first sign of trouble should revisit their emergency fund strategy. But the point I am making is not about going tit for tat and casting blame. Truly none of us in this equation are to blame for this horrible pandemic.

The point is that we can do better. We need to protect tenants from abusive landlords while ALSO protecting landlords from abusive tenants. We ought not trade one problem for another. Even if I have a large reserve saved, I don't want the government to force me to use it to provide free housing for a tenant who chooses to take advantage of me. I want to use it to house and feed MY FAMILY during the same pandemic.

Please try to consider for a moment that the government has created another problem on top of an existing one. We must defend liberty! We can and should do better. 

@Jay Hinrichs Simply because it's not a problem for you or 90% of others does not mean it's not a valid problem. Landlords are being denied their civil liberties and property rights. The implications of this are huge! 
Also restaurants and hotels all each have their own arguments to wage but it's apples to oranges. At least restaurants can do take out, and hotels can claim insurance or sell their space to the government as a make shift hospital. But I maintain this is out of scope for my point. Regardless, how unfair it is for them, it doesn't suddenly make this fair for landlords. Landlords should NOT be denied their rights!

@Amer Mallah I agree about not making projections. Only casting some perspective. We have a whole lot of fear and irrational thinking taking place. I sure hope we see some changes. We need solutions that protect tenants without allowing landlords to be helpless victims themselves. That's just trading one problem for another. 
I also agree that the screening process is going to get much more intense. Also, I wouldn't be surprised if rents go up to compensate for the whole new level of risk landlords were just made aware of. 

Some Perspective... 0.15%

That's the percent of American people who have Covid-19 at the time of this writing.  NOT even 1% of the total population.

Suppose the disease were to quadruple before this is over, that would only be 0.6%. Still not even 1%

I am not saying the Covid-19 pandemic is not serious. It is serious! But bear with me, I'm going somewhere here.

Percent of tenants with eviction protection 100%

Specifically in California landlords have been totally neutered.

THIS IS NOT RIGHT, THIS IS NOT FAIR!

Private citizens should not be compelled by law to provide free housing at their own detriment. As a landlord for 20+ years this is the most backwards and un-American situation I have ever seen. What good are constitutional protections, checks and balances if they only serve us when convenient? We need our rights, and freedom most when times are difficult. Where is the ACLU?

Do I think a tenant who has suffered a hardship outside of their control should be thrown out into the street? No of course not. But, 99.9% of landlords will do everything in their power to work with a tenant ALREADY, if for no other reason because they don't want to pay for turnover and vacancy.

I think some responsible laws could be put in place that prohibit abusive landlords from unfair evictions and also require landlords to work with tenants, but the current situation is totally 1 sided and unfair!

Consider, if a tenant loses their job they have options. They can apply for aid, they can look for an online job. They could take a temp position at a grocery store if they like. However, if a landlord has a tenant who can't (or wont') pay rent they can ask for rent and hope for cooperation but can do nothing beyond that to improve their situation.

This absurd! Is anyone thinking this through? How can this possibly not end badly? Allow me to list some problems.

1. If a tenant hears they "don't have to pay rent", many will simply push it as far as they can regardless of their actual ability to pay or not pay. Why not cease the moment? Wouldn't you?
2. If a landlord does put a 3 days or quit notice and the tenant doesn't comply. Normal law states that the landlord can not collect anymore rent AFTER the 3 days are up, or the 3 day pay or quit notice is invalid. Does this mean landlords should just allow the tenant to live free till September or until (heaven only knows) when they are able to evict? Does letting a tenant free load till September seem like a good idea?
   
3. Most landlords would agree that tenants who get behind really land themselves in a circle of debt they can't climb out of anyway. Thinking a repayment plan with landlords can work is basically fiction. AKA nonsense.
   
4. How long till landlords start getting stretched too thin and start taking matters into their own hands? Anything is possible, Violence, fake insurance claims etc? That is a scary outcome that I don't want to even think about. (Please nobody do this)
5. How long till landlords get fed up and say screw it and just let the bank have the property back?
6. How long till word gets out about how landlords are being treated and many future (would be landlords) say, no thank you? How many current landlords will just get out of the game. (never want to take that risk again)

TL:DR; This is a disaster and I don't even know what to do anymore.

PS: I do have abusive tenants who are purposely leveraging the situation and not paying simply because they don't have to.

I need some advice please. 

Northern California landlord here. Tenant couple who are late on rent 9 out of 12 months has not paid at all for April. 

Claims it’s because they both are working less or not at all. (Mixed stories over several texts) 

Said full rent would be available last Friday so I provided the extra time with no late fee. When Friday came they pushed it to Saturday because they “couldn’t get to the bank”.

Saturday morning they claimed they only wanted to pay partial because they still need to make car payments and buy food. 

I explained that full rent would still need to be paid but asked how much they could pay now. It’s been 24 hours haven’t heard a thing since. 

This is quickly getting out of control. What should I do?