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All Forum Posts by: Kamyar K.

Kamyar K. has started 1 posts and replied 3 times.

Post: Non-paying and non-responsive tenant

Kamyar K.Posted
  • Investor
  • Berkeley, CA
  • Posts 3
  • Votes 3
Quote from @Gillian Thackray:

My experience:  if she actually leaves you are very lucky.  It seems after covid and 'eviction protections' a fair number of people have learned they can game the system and just never pay/stop paying for months and expect that if they pick back up paying all is good.  Who can blame them when that is what was allowed by law?  


I guess you are right, I am lucky that I was dealing with an honorable person that isn't trying to cheat the legal system. I actually decided to give her another full month until Nov 15 to stay without pay, so she has some leeway to figure something out. She lost her full time job of more than a decade, so it's really a tough situation, and I want to do everything I can do bring closure to all of this, so we both have a plan. She was very appreciative and just signed the agreement I sent her to terminate the tenancy, so it's officially done. 

I learned more from this experience than many of the other sharp turns in my life. It's really a roller coaster, one moment realizing someone isn't responding or paying, another moment facing down the reality of having to enter into a lengthy legal battle to re-claim possession, court dates, legal fees, lawyers, notices, what a hell it could have been. Being a landlord isn't easy!

Post: Non-paying and non-responsive tenant

Kamyar K.Posted
  • Investor
  • Berkeley, CA
  • Posts 3
  • Votes 3

Well, just an update here. The next day rolled around, and wouldn't you believe it, she actually texted me in the morning saying she lost her job and is financially struggling. So I talked to her later in the day and got her to agree to leave by the end of this month, and I'll just use her security deposit towards this month's rent. Sent her a written mutual agreement document to sign to quit the lease, and hopefully, this will end peacefully. I hope I never have to learn how evictions work, but I agree with everything you guys have said so far.

Post: Non-paying and non-responsive tenant

Kamyar K.Posted
  • Investor
  • Berkeley, CA
  • Posts 3
  • Votes 3

Hi everyone,

I've recently purchased a fourplex in Oakland, one vacant unit, three tenant occupied. We closed recently. So October is the first official month of me being a landlord. We got one section 8 tenant who eventually paid, one tenant that paid on time, but one tenant that's been problematic. Let me tell you the story.

On the first of the month, I got a text message from her with something to the effect of unfortunately I don't have rent until Thursday next week. I said okay, I am going to accommodate this request, and added a new charge for her for October rent in RentRedi and put the due date for this Friday. I said this on Sunday October 5th. Welp, no response. Nothing. She actually didn't pay at all this week. No response. I texted her on Saturday, hey it's Saturday the 11th, I still don't have any rent from you. Nothing. I called today. No response. I left a voicemail saying if I don't hear back by tomorrow at 5pm, I will file an eviction notice, and asked her to call me.

So this is where I'm at. Isn't that amazing? First month of being a landlord and I'm already dealing with a non-payer. Just awesome. So I'm posting this question here to gather help from the community. As a first time landlord, I'm new to all of this, and I want to make sure I do everything legally and professionally. At the same time I want to be helpful and caring to my tenant to the degree possible without adverse financial consequences. This is a small business after all with small margins, and I can't really afford a non-payer. Mortgage payments and everything else really add up fast.

Please help me out. Do you recommend a legal firm or website or app for handling the 3 day notice? Did I act too quickly, or was I right in setting up a firm boundary? I don't want this to become a game of her pushing me around and seeing how much she can postpone rent. I get that life happens, and financial hardship can happen to anyone. But if that was the case, I need the tenant to clearly tell me this and maybe we can work out a solution together that works for both side. But this isn't really possible if the tenant is checked out. So I feel like that's left me no choice.

I was going to go LDA Pro Legal https://ldaprolegal.com/ and ask one of their paralegals to write me the notice and also use their service to serve it to the tenant. All in all it will cost only 250, a small price to pay to make it clear that I am firm about running this business, we all have to follow the rules, and I can't just bend them without any reason. I hate that it had to start off like this, but if she doesn't respond or pay by tomorrow, I am at a loss as to what to do aside from serving the notice.

If you have any site or app or firm or anything like that that offers eviction services in Oakland CA, please share with me. Any help is greatly appreciated. Thank you.