Your information was amazing. My tenant just stop payment and I did not know what my responsibilities were until you explained them. Thank you sooo much! God bless.
Thanks so much, Yolanda! Make sure you watch these because the law was updated: ua-cam.com/video/ifO_Kz54lTg/v-deo.html and ua-cam.com/video/YyyWhcAEpn0/v-deo.html
I feel you! i’m a landlord and had tenant did not pay for few months since pandemic started and gave me one day notice that she is moving back to her parent’s house. Now I am dealing to evict veteran tenant that doing illegal activity on my property and waiting for the court decision. Can’t win lately with all the things going on and still have some people taking advantage of Landlord kindness especially the Mom and Pop Landlord .😒
@KG Bird Not when they are straight up assholes and do not even want to negotiate rent payments. We have hearts too. But if they are just straight up gaming the system, then no I don't feel sorry for them.
thank you for explaining this clearly. i am a renter in a large complex, my husband is in the hospital since march, the business he runs is no longer open. all we have is ss. witch doesnt cover the rent. what a mess! I apreciate you anouncing these rules in a way we can understd.
Thanks for watching and very sorry you're going through tough times! This bill is in place to help with tough situations like you're going through. Good Luck!
So small landlords have no assistance? Which means a majority of them will be forced to sell or foreclose on their homes? If tenants stopped paying during march it would be almost a year of income on those homes...
Homes and up to 4 units are able to apply for forbearance and have foreclosure protections. Buildings of 5+ don't have protections under AB 8033. Even with the protections it will be tough, especially because they can't pursue the back rent until next year.
As long as they are combos of 4 or less per Assessor Parcel Number (APN), you should be fine. For example, 2 side-by-side 4plexes with the same owner should be protected by this law.
Thanks for watching! It is now required for the landlord to send the declaration, if you missed rent payments from 3/1/2020 - 8/31/2020 and every month missed from 9/1/2020 - 1/31/21. If they don't send it, then you can't be evicted. And it you return it, you can't be evicted as long as you follow the other rules I mentioned. Good luck!
I have a different situation: Purchased a home in foreclosure ( foreclosure finished before covid started), but previous owner still lives there and refuses to leave. Prior to me owning it, bank owned it. There is no lease, no agreement in place. I’ve been told the only way to get rid of the previous owner that refuses to leave is through eviction Some advice would be greatly appreciated ( just in case someone else is in a simmilar situation)
Yes, first try cash for keys, e.g. give $2500 to move out in 30 days (give the check on move out day). At the same time, hire a good attorney to help with an eviction. The courts are open for these evictions. Good luck!
Ivan G absolutely should be trespassing, but California has some weird rules Keep in mind this is a previous owner that also stayed in the home while foreclosure process was going on, plus few months prior to that when he stopped making payments, total of around 1 yr or more for free But rest assured, karma is a bitch and that’s how bad people attract bad in their lives by themselves
@@andreispiridon3241 I just fail to see what his location during foreclosure has to do with his right to live in someone else's property. This insane system should be simplified to enforce ownership of a property.
Thanks for watching! ua-cam.com/video/ifO_Kz54lTg/v-deo.html is the update on SB 91, which replaced AB 3088...I saw your comments there, glad you found it. 😃
Tenant has lived in our condo for 8 years. We have raised the rent three times during that period all less than 10%. Rents for same type of unit in the area are $300 to $400 more. They have paid rent on time even during the pandemic. Both adult tenants are currently employed. We want to sell the condo. On September 19th we gave them a 60 day notice to vacate. Tenant has let us know that they will not be leaving until they find something suitable. A prorated rent has not been paid and is now late. They claim we can’t evict them due to Covid. Please advise.
Talk to an eviction attorney ASAP. Depending on where you are, like LA, there may be a local eviction moratorium that prevents you from getting them out. If not, AB 3088 would apply, but it's only just cause if the buyer will move in, which you technically won't know until you're under contract with the buyer.
@@WIREassociates this was in my city's website "7. I received a “no-fault eviction” notice from my landlord, am I protected by this emergency eviction moratorium? A so-called “no-fault eviction” is an eviction where the tenant is evicted through no fault of their own. They paid their rent on time. They followed the rules. However, the landlord has decided at the end of the tenant’s lease term that he no longer wishes to rent to that tenant. As of January 1, 2020, a new state-wide, AB 1482, went into effect providing tenant protections for “no-fault evictions.” Please call us or contact an attorney if you have further questions about how AB1482 may apply to you. No-fault evictions are not protected by the City of Oceanside emergency ordinance, nor Governor Newsom’s Executive Order.
Sounds like you WILL be able to evict them if they don't move out, but you need to have a buyer who is going to move in for it to be an acceptable no fault just cause eviction, per AB 3088. Definitely discuss with a good eviction attorney.
@@WIREassociates Thank for taking the time to help me. I appreciate it. I have been in contact with two law firms that handle evictions. Currently that have not paid me the prorated rent that was due this month. Maybe that will work to my favor as I don't see any buyers wanting to walk into this mess. The tenants will not allow anyone in the home. Our real estate agent, Christina Skelly, is fantastic but not miracle worker.
I was told I'm in violation of my rental agreement because I have too much clutter. I have some Sporting Goods mounted on the wall some shelves where I keep my tools because I do handyman work. Other than that my place is clean no junk on the floor what is the definition of clutter? I feel like I'm being harassed.
Reach out to your local Legal Aid office for help. That doesn't seem like it's excessive enough to be considered a violation, but an attorney can give you the best guidance.
What about a tenant who is NOT affected by Covid who has not paid rent for 3 months because she has bedbugs in her room only (4 BR house, I live here too)?? I've had the house sprayed professionally 3 times, I've asked her twice if she still has live bedbugs and now sh'e not talking to me. I gave her 3 day notice in August, she said she'd sue me if I move forward. She's squatting in my house! I called Fair Housing, they reached out to her and tenant said she refuses to pay rent while she has bugs -- how do I know if she still has bugs if she won't talk to me?? HELP!
Sorry you're stuck in this situation! Bed bugs are tough for landlords...whether they're actually there or not! You need to get a good local attorney involved ASAP to work on your side. Here's a video I did on finding an attorney: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Kelly spingola, check out lodger law in your State? Sounds like she's a lodger and not a tenant. It's much easier to get rid of her. Email me Dianecelento887@gmail.com. I can tell you more
I have a tenant in Riverside County. His lease is up at the end of the month (September) I call him on August 12 to tell him I would not be renewing the lease. He had been a great tenant until my phone call. I also sent him a formal notice giving him 60 days notice to move. That means he should be out by October 11th 2020. Then on 9/1/2020 my tenant decided not to pay rent. My husband called him a couple of days ago and was told by the tenant the we are to use the security deposit. My husband told our tenant that he is in violation of our lease agreement. The tenant basically refused to pay any portion of the rent. My tenant and his wife have fixed incomes and the Covid issue will not effect there income. Please advise on how I should proceed. Thank you
You definitely need to find a good attorney to help! Even with AB 3088, when a tenancy is ending, you can terminate with proper notice. Now that they aren't paying rent, you can expedite the eviction process with an unlawful detainer. The courts are now open for cases like these.
1) Or, you could wait and see if they move out, then use the Security Deposit to pay most of the rent, and thereafter mail them a bill for the balance due plus cleaning fees, etc. If they don't pay the debt, then consider filing small claim court to obtain judgment. If they value there credit score, the will pay the balance. 2) Or, avoid the going to court and turn the debt over to a 3 party collection agency for a % of the debt, or flat fee. 3) Or, try to reach an agreement with the tenants offering some cash for keys or offset the remaining weeks of unpaid rent. 3) If the tenants decide not to pay the rent, and decide to remain on the property, you will end having to retain an attorney and it will take at least 2 months or longer before the court date to evict, thus, the unpaid rent debt would be considerably more and you have to pay attorney fees up front, thus potentially $5K to $8K or more depending upon the monthly rent owed and attorney fees, not to mention the stress of having to appear in court. And you still might not be able to collect the judgement if cannot find out where they moved to, where they work, etc, or if they file bankruptcy.
Thanks for sharing. did they specify an unlawful detainer for what? Meaning not paying the full rent during the COVID-19 protected period? Other unlawful detainers can move forward before then, e.g. for nuisance.
@@WIREassociates An awful detainer to evict for missed payments and partial payment of rent, after this California eviction moratorium AB 3088 expires, January 31st, 2021. This unlawful detainer cannot be filed until January 31st, 2022. I got this information from our local chamber of commerce and their lawyers.
I rent from a small landlord. I moved in June of this year. Since then I have worked and never stopped during this pandemic (not even considered essential! But still asked to come in to work). However, my salary was cut by 10% and as a result I now pay 45% of my income into rent. I explained this to my landlord and provided him three stubs that show the decrease throughout the three months. The lanlord said he would give me a call to discuss. Dude is a snake and completely is avoiding me now. I wanted to do the right thing and work something out with him but he is just ignoring me now and cashed in my rent check fully for the month of Sept. What can I do now? I'm struggling at the end of every month. I only get paid once a month. Your help is much appreciated.
Laws like AB 3088 are set up to help tenants who are affected by COVID-19...a reduction in income like this is why the law was created. You are within your rights to follow this law, which means all you need to pay is 25% of your rent (for October through January) by 1/31/21 and return the declaration each month. He can't evict you and will have to take you to small claims court to get the other 75%, if you don't pay it. Definitely discuss with a local attorney because I can't give legal advice. Good luck!
@@WIREassociates I appreciate your prompt response! Thank you so much. I wanted to deal with it without having to get the law involved but now that he has been ignoring me I will have to seek help and use this law to help me get through these tough times. I work hard, I have always paid my bills, and I respect others property. I am 32, college grad (did everything I was told to do to be successful) and have a career but I truly think my generation is getting screwed. Wages have been stagnant for 40years and everything else is going up in price. Maybe being a civil servant was not the right career path but I love what I do! Anyway, thanks again!
@@jwesplayinify you need to find a cheaper place to live. It may not be up to your standards but how can you continue to pay 45% of your income to rent? Don't forget this is just a deferral of your rent, you still owe it. how will you possibly be able to come up with a large lump sum when the pandemic is over?
I HAVE A TENANT WHO'S LEASE HAS NOT BEEN RENEWED AS OF AUG 2019 AND IS ON MONTH TO MONTH WITH A 15 DAY AGREEMENT EITHER TENANT LEAVES OR LANDLORD CAN ASK TO VACATE WHAT CAN I DO?
It sounds like you can, but run it by a local attorney. I am not sure if a tenant can waive their right to a 30 or 60 day notice under the current legislation. Plus it will still need to be for just cause, which I discuss briefly in this video ua-cam.com/video/e3J_aRKZdSs/v-deo.html
I received a 3 day notice on 10/9. Do I need to bring it to my landlords attention that it is now required to be a 15 day notice? I also didn’t get a hardship declaration.
So as a tenant, If i don't have the complete rent on the due date on Sept. 2020. But I still pay 50% of it, Do I call the office which collects the rent and email them, Or do I try to get a hold of the owner directly and try to get his email in order to have everything in writting as to how covid-19 has affected my job and why I can't pay the rent in full? Which do you suggest is my best option? Thank you in advance. Great Info! PS - ( It's the first time this will happen, that's why I'm confused and concerned)
Don’t be concerned, these are very hard times and you’re trying to do the right thing. 😊 You can reach out to the office and let them know. They need to give you the new AB 3088 Declaration.Return the Declaration to them and pay a minimum of 25% of your rent by 1/31/21 and they can’t evict you. Legal Aid can help.
Love the content man, really educational. One thing I'm not clear on is this 25% of payment. Is this partial rent due according to the payment schedule agreed upon or is this rule flexible? Here's a hypothetical: say I enter into a 1 year lease for a studio apartment on 1/1/2020, which says I owe a monthly rent of $1000. I pay the $1000 each month for Jan - Mar and then dont pay ANYTHING for April-August. Now I file this Declaration of COVID saying I lost my job and I can't pay rent. The landlord now cannot evict due to failure to backpay rent. Furthermore, say I submit this notice every month until my lease is over (on 12/31/2020). Do I have to pay a minimum of $250 EACH MONTH for September - December? or can I make a lump-sum payment of $750 at the end of December (3 x $250 = $750)? Btw i'm not actually in trouble of getting evicted but I'm actually looking to buy an apartment and I'm trying to time the market for a cheaper price lol.
Great question, Will, and one I may have to run through on my whiteboard for a future video. You definitely have the gist of the bill figured out. In your example, yes, a minimum of $250 each month plus turn in the Declaration for each month. It's actually 4 months so the total would be $1000, but let's push it to the full 5 months including January 2021, in which case the total is $1250. This full lump sum of $1250 could be paid on 1/30/21 and you couldn't be evicted for non-payment of rent...you wouldn't have to pay anything in the preceding months. If you're in SoCal we can help you find a building, there will be opportunity. 😃
@@WIREassociates thanks so much for the reply man. Unfortunately I'm not in SoCal although I've visited and love the area. To me there will be opportunities in California but things have gotten very dicey. With the financial impact of covid, we are basically trying to time the market on when the foreclosure wave starts. While I loved your calculation on the START of the foreclosure wave given the built-in timing of the NOD, the NOTS, etc, etc, the reality is that the government-controlled moratorium is the ultimate variable that controls the true timeline. On the other side of the equation is the issue with WFH. The big question is this: "is WFH permanent"? And it really is THE big question. If it is temporary, then people might swarm back to LA and SF in droves after they fled across the country. I'm sure you've seen LA recently - the business areas are ghost towns (same with SF). If it is permanent, there could be a long-term flight of businesses, wealthy people and upper-middle class office workers out of the state. There is already collateral damage to the cities. I don't think I need to say much about the riots, but it drives people out of the cities. On the business front, I think Yelp did a study that found that 55% of their clients who declared "temporary" closure in march are now permanently closed. Many big companies (including mine) are thinking about downsizing or moving their HQ to another lower tax state. If this flight of wealth leaves Cali permanently, there could be dire consequences on the state's tax revenues. No idea how Newson or his successor will handle that, but it could mean higher income, sales, gas, and property taxes to compensate for the loss. I'd honestly do a video about that: what if housing prices drop in half, but taxes double? To me that seems like a doomsday, but a legit, scenario of the future of California, which begs the question whether any price drop makes housing "a steal" in this state.
@@willdrake7995 Great, great questions, Will! California is losing people - more moving out than moving in - and I have talked to a lot of people who are at least considering it. You're right, there could be a point where there aren't enough people to support it from an economic standpoint. The higher the taxes go, the more it catalyzes the move out. At some point the nice weather just isn't worth it anymore. 😃 I wonder how long this would take and what measures would be put in place to slow or stop it. Great food for thought...I will have to do a video on this! Curious: if your company does relocate the HQ, will you stay and WFH or will you move?
@@WIREassociates Right California has always had net negative migration from other US states since 2003 and its only really dropped from there. If this doomsday situation were to play out, IMO Cali could have a repeat of NYC in the 1970s. NYC got into their fiscal crisis in the early 70s when people fled to the suburbs during the stagnation period. When that happened, the city's tax revenues fled for good. But just because the city's equity fell didn't mean the liabilities fell as well. What happened after this sudden loss of tax revenue was akin to a spiritual crisis. Some of NYC's services were cut and taxes/fees were raised (in this case, subway and ferry fees) but the city didn't have a holistic response to the crisis. Deficits soared in the early 70s as they had to borrow more and more debt to pay all of their obligations, leading the city to nearly declare bankruptcy. It wasn't until 5 years later in 1975 that an outside board had to control NYC's budget, in which they enacted mass service shut downs (hospitals, police, fire, libraries, etc) and enacted mass layoffs of government employees. Until that time, normal people like you and I saw the decline of the city but most city employees actually didn't share the burden. Most of them actually were not fired nor had their salaries frozen. That is what I might imagine in this doomsday scenario. You'll have a continual decline the in the city of angel's safety, cleanliness, and quality while the state and city governments take years to figure out a solution. Until that time your property, your tenants' safety and your financial position is at risk. I've lived in California basically all my life. My hobbies can't really be done anywhere else (surfing), my friends are here, and my parents are here. I'm still young (25 in two weeks) so I'm willing to tough it out because 1) I'm not sure this WFH will stick forever and 2) I do have an emotional attachment to Cali. But if this WFH is here 4-5 years down the line and Cali has continually gotten worse for property owners, I'm dipping without a doubt.
Great perspective, Will. The NYC analogy is important to hear. Young, smart voices like yours could help keep this state on the right track. I grew up in small town Ohio outside of Cleveland...for all the things California does wrong, there's so much that is right. The opportunity here compared to where I came from is staggering. Keep up the passion and help keep this state on track, my friend!
Great video! Very informative and you do a great job in explaining everything! I really appreciate that! I have a question, say 2/1/2021 comes around and a tenant doesn't pay the 25% of the total rents that is owed (due to the tenant not having money to pay that amount) and is evicted. Besides being evicted, what other consequences does the tenant face for not paying the landlord the rents owed from 9/1/2020-1/31/2021 (5 months of rent)?
Thanks for watching and for the kind words, Alejandro! In addition to a potential eviction, the landlord is able to go after the tenant in small claims court for the unpaid rent.
@@WIREassociates What if the tenant is undocumented? Unfortunately, my parents did not collect SSN, or proper identification papers. All we have are phone numbers. I have also found their facebook and instagram profiles.
My client gave tenants a verbal notice that he needed to sell his home in Sept 2019 and he even offered to sell it to them if they could afford it. The official 60 day notice was delivered on March 12th. My clients is selling to take care of his wife's living facility costs, $7 month as she has Dementia and Alz. They know this and now the house is in escrow and they won't leave. They have the funds to pay rent but are using the new loophole. We close escrow in 10 days and my client doesn't know what to do. He will loose everything as he has not accepted rent since May when they were due to leave. Is there anything he can do? Tenants have money.
Sorry to hear about this situation. Your clients definitely need to get a good attorney involved. This does appear to be one of the allowed situations under AB 3088 to allow an eviction of the tenants (not for nonpayment of rent, but for the new owner to take possession and move in). Good luck!
@@tracifellows8893 I am sorry to hear that! Did they say why? Is it because of the LA moratorium? If the buyers are moving in, then AB 3088 allows the tenancy to be terminated...I have a new video coming out tomorrow that discusses this.
Hey there! Great video! Okay, so I think I got most of it - just want to clarify. The tenants have until 1/31/2021 to pay the 25% rent owed from only 9/1/2020-1/31/2021 period correct? The previous months of 3/1/2020-8/31/2020 will have to be sought after in small claims court? Thank you!
@@processengineer85 So true. When it's said and done, my tenant will have gotten 11 months of free rent. He was being evicted before the pandemic so he will have no incentive to pay. The judgement will be tossed in the trash. What will the State of California do for me?
@@WIREassociates Thanks, sorry it says in your Board too. And any balance not paid from March to August, the tenant can take it to court by next year along with the unpaid balance from September to January 2021, Am i right.? By the way your video scared me when it started, you coming up from the floor with your eyes wide open.
Thanks for the advice👍🏾 , because I lost my job do COVID-19, then my rent was raised 2 months ago 🥺, but I have paid on both April and May, my updated license hasn't come yet, and I can't get my unemployment, and it's setting me back.
A local eviction law could take precedence over AB 3088. From my non-legal understanding, this bill doesn't prevent extensions of local eviction moratoria, but does specify when rent payment must restart. A good attorney will help with this.
I have a tenant whose lease expired in July and has been living month to month ever since. He is refusing to pay rent and live free for 6 mo. However, I know he is capable of paying rent and is not affected by COVID-19. Do I still have to wait until Feb 2nd 2021 to evict? Also, which notice are you talking about when you broke it down step by step on the whiteboard.
You may need to wait depending on where you are...a good eviction attorney will give you the best advice. If the tenant signed the declaration, then you may have to wait, but reach out to a good attorney ASAP. There are a few different notices that may apply. including a 15 day notice for nonpayment of rent, a "high income" tenant notice. Here's a link to the forms from the AOA: www.aoausa.com/magazine/free-forms-for-covid-19-related-issues/
What an outstanding video. Congratulations, I’m sure you will soon be followed by thousands of Californians. My question is. What can a landlord do if tenants have the same incomes but still submit the declaration and you known the tenant is lying about financial distress?
Much appreciated, Luis! The Declaration is signed under the penalty of perjury, so an attorney could help you there. Also, are they high income renters? If so, they need to submit proof of income being reduced. Definitely worth a discussion with an attorney!
The CDC (federal level) will/can impose a fine of up to 250k against the landlord. Nevermind the state level. Besides, you might obtain a judgment (a headache and legal fees) but the judgment it is only worth the paper it is printed on. I have difficulty empathizing here for landlords. Greed is part of what is/has occurred and why we're to this point. The law of sowing and reaping.
@@SignedOff402 It is unwise to believe everything, including the collection of rent, will return to normal. The CDC moratorium is just the beginning. What we've got here are tenants paying rent (50-80% of net incomes) which is then applied to county taxes and bank mortgages. The only party building equity and wealth is the landlord. Something is off in this equation. I anticipate trouble ahead for landlords. Gone are the days of wealth acquired without hard work. Good luck to all the landlords out there.
@@SignedOff402 Haha yes. My tenant is a church going Christian. He signed the declaration under penalty of perjury, yet he still goes to work every day.
Great question, I'd run it by an attorney, but on the face of it, it seems like the landlord should still be able to as long as the AB 3088 required notices and declaration were given when the tenant was there. You still will have to wait until March 1, 2021.
How does local Los Angeles City ordinance affect this? Can AB 3088 notices be served by landlord to tenants living in RSO units in the City of Los Angeles?
Great question and I am releasing a new video today that answers this. AB 3088 does not take precedence over local eviction moratoria in most cases so if you haven't been able to evict RSO, you won't be able to now. Definitely look for an attorney who specializes in LA.
If the tenant does not return the Declaration in any of the months from September to January, the landlord can start the eviction after the 15 day notice and doesn't have to wat until 2/1/21. I do a better job explaining this in my updated video on AB 3088. The tenant can still appeal to the judge during the unlawful detainer and turn invthe Declaration late.
Discuss with an eviction attorney, but the answer is most likely no. They have 15 days to return - weekends and court holidays aren't included in the 15 days.
I have a tenant that has not paid since March 1, 2020 up to now September 19, 2020. Do I have to supply the declaration to cover March 1 to August 31, 2020. Can I then supply the declaration each month that the tenant has not paid the rent.
I was told by sheriff that my son's wife who damaged my property, drunk, causing a disturbance and climbed on top of my house like a pigeon had to be evicted as she lived in my house for over 30 days... (maybe 40 total). I was then told about this covid law in CA... so it seems no matter what this crazy lady who my son is going to divorce is now entitled to stay in my house forever... and now she went out and got a pitbull 1 year old puppy and I believe she is going to bring it to our house against our wishes tomorrow! We live in association as well ... so frustrating and we are just parents... but i guess were treated as Landlords now... :(.
Definitely reach out to a good, local eviction attorney to discuss. See if you can get lodger laws to apply, which would change things. Otherwise, you need to get appropriate notice out quickly so this doesn't drag on...
What happens if my tenant doesn’t sign the declaration notice after 15 days? Can I evict? Also how much should it cost to get a lawyer Involved here in the Bay Area? Ballpark? $3,000-$5,000?
Yes, you can technically start the unlawful detainer process if the declaration isn't returned within 15 days - remember the 15 days doesn't include weekends or court holidays. But also note that the tenant can still sign it after getting in front of the judge, so it's not a very sure path to eviction. I can't give an estimate on attorney costs because there are too many factors, but most good eviction attorneys will be able to give an estimate. Try searching for an eviction attorney through your local apartment or landlord associations.
@@WIREassociates Thank you so much for the prompt answer. One more question if you don’t mind. My tenants lease ends in the end of February next year. I plan to move back into my condo. Would I just need to give her a 60 day notice that I am not renewing the lease and planning to move back in the condo?
@@corpo24axisallies44 Yes, that should be fine because that is a allowed no fault just cause reason to terminate a tenancy (as long as there aren't any local eviction moratoria that prevent it at the time). Make sure you discuss this with the attorney, too.
Great video, sir. . .my tenant allowed her daughter to move in back in January. The rental agreement prohibited that but she lied about it when I confronted her. She gave me a check for the August rent and it bounced. She has yet to make good on August and here we are in September. Oh yeah, she told me that she's TELEWORKING due to covid. What can I do? Thanks!
Reach out to an attorney to discuss...you probably can terminate the tenancy due to the extra occupant not on the lease. As for the rent being missed, you'll have to follow AB 3088 regulations, if the nonpayment of rent is due to COVID-19. If her income or hours were cut, then this would be considered a valid COVID-19 related reason.
It would have to be for one of the acceptable no fault just cause reasons, which I cover briefly in this video: ua-cam.com/video/e3J_aRKZdSs/v-deo.html
Thanks for watching Simon. No, this bill only applies to residential foreclosures. The only protection for commercial leases would be from a local moratorium, if your area has one.
I have a tenant that moved in July 2020 on a 6-months lease. He lied about his employment and financial status. He has not paid a single months since. Can he be evicted on the basis of fraud ?
You will definitely need to speak to a good attorney on this one. It may not have helped in this case, but going forward you may want to ask tenants to prove they have paid previous landlords. You could ask to see 6 months of the most recent cancelled rent checks for example. Good luck!
Quick question I inherited tenants from a good tenant who’s lease just ended but they failed to tell me they had sub tenants. Can I make them fill out a rental application even after they have been living at my rental paying on time never been late with rent. They insist they don’t have to and want to continue paying rent In California. Do I have any legal protections? Can I evict if they decline?
Look under lodger law. Also if they are causing any nuisance they can be kicked out after 30 days of you giving notice. You can lock them out. You don't have to go through the courts
Diane Celento hello yes I will let you know but I really thank you for this information I didn’t know these law exist but they do exist you made my a happy man I was confused and down and out and when you hit me up with information of lodger law you should see the smile I had on my face from ear to ear ty again I really appreciate everything and if there any more information please let me please
I was able to pay my rent on time during this pandemic and just lastnight at 8pm my landlord text me that I have 60 days to move out due to covid. Do I have any rights? I dont have the money to move at all and I need more time. And was it legal for her to send it through text after hours on a Friday night?
KG Bird is spot on. This isn't a legal notice to terminate a tenancy. AB 3088 only allows a tenancy to be terminated for very specific reasons, like a family member moving in. Additionally, you may be in an area subject to an eviction moratorium. Have a frank conversation with the landlord and you can also reach out to Legal Aid for legal advice.
Thanks for asking, Diana, but I am not a licensed broker in Arizona and not quite sure of the laws. The new CDC eviction moratorium should apply in AZ.
Thanks for watching and great point! Yes, a local moratorium can take precedence over AB 3088. It would be worth a discussion with a good eviction attorney to see if a landlord should still be serving the declarations in LA...and if/when the LA moratorium ends, then AB 3088 would take over, if it's still in effect.
I have some tenants that are growing 5 big plants of marihuana,have 2 broken cars,have garbage front and back of the house,they smoke weed inside and they brought a family member to leave with them. How can I get rid of them in merced County?
Hire a good, local attorney ASAP. In my non-legal opinion, the easiest case may be the family member who moved in, this is probably a violation of the lease.
Hi, I am wondering if anyone has success in evicting a tenant for staying longer when the fixed-term lease (1yr) expired in Orange County? Mine is coming up and it's my last hope to evict a tenant for no cause since I'm not planning to renew the lease. I'm also planning to serve a 60 days notice as well.
If tenant hasn’t paid any rent since March and failed to do one or any of the requirements after the 15- day notice, can I file for UD now or still have to wait until Feb 2, 2021?
If the tenant doesn't return the Declaration within 15 days, then you can start the eviction now. But just remember that the tenant will still be able to turn in the Declaration and stop the unlawful detainer....it's not a guaranteed path.
Thank you for the explanation Christian. What are the penalties for a tenant falsifying a declaration? Is there harsh penalties for those folks too? Also not sure if you ever tried to pursue a judgement through small claims but it's not was easy as it sounds and there are ways they can wipe out your judgement against them.
The declaration is signed under penalty of perjury. As for small claims, it definitely isn't a perfect solution. Definitely follow the letter of the law related to the notices and declarations, plus document everything and this should help in small claims court. There will be a learning curve for the small claims court and landlords.
I have an open ended notice that I would be moving but told my landlord that due to Covid, it will take time. I have a housing choice voucher and it took 3 months to get it. Because of recent lockdown in California, the new home won’t be available for 3 more weeks. My landlord wants me out next week. I have paid ALL rent and plan to pay rent next month. I have 4 children. Can she evict me. I want to move but lockdown is causing it to take longer
You should reach out to your local Legal Aid office for guidance, but in my nonlegal opinion it's unlikely that an eviction can be started because your notice to move out was open ended. It's not like you missed an agreed upon deadline (nor did your landlord give you a notice). You're almost in the new place, which the landlord should appreciate. Good luck!
@@1life857 Thanks for the update, yes, I will be doing a revised video for tomorrow. Did he mention that an owner or close family member like child or parent can move in? This is one of the other reasons.
@@WIREassociates Do you mean that if the landlord asks for his property back because a close family member will be moving in, that this is a valid reason for eviction during this pandemic?
@@gerardof71 Yes, for example, a son could move into the property, I have a more thorough discussion on this scenario in this video: ua-cam.com/video/mBVGatIvD6U/v-deo.html
@@WIREassociates Thank you. I knew it was allowed under AB 1482 under "No Fault" evictions, but I thought those were suspended during Covid-19 eviction moratoriums.
All the get rich quick books tout real estate as the fast track to wealth because of the available leverage. They never mention the bureaucrats or illiquid nature of the investment.
I can't pay rent right now because I lose my job because of covid-19 but landlord it's telling me his goin to file in court and I give him the latter from my boss telling that I'm not working but he still telling me if I don't go out he will take me to court what can I do?
If you're in California, AB 3088 means that he can't take you to court until 2021 and he needs to follow the law for 15 day notices and the blank declaration. Here's a video that I did on finding free or low cost legal assistance...you can reach out for help: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Yes I saw your video but he toll me if I don't get out this month he will file court I toll him what you said in the video he doesn't want to believe. I wanna thank you for you valuable information wow you are a life saver
what if i have a tenant renting a room in my own owner apartment he got into a fight with another tenant he got into a argument and scuffle with me i had the pilice here 3 times this week he blasts his music at midnight and so on
You should be able to give a Notice to Terminate Tenancy in this case. If they don't move out after proper notice, then it would move to unlawful detainer. Watch our video below on finding legal advice t help make sure you give proper notice.
The CDC guidelines prevent evictions from nonpayment of rent due to COVID-19, like AB 3088. But it doesn't seem to apply to people moving back into their own home. I will do a video on it...
@@WIREassociates so whats going to stop landlords from just filing a terminate vacancy so they can just "move" back in. LOL isnt that a loophole landlords can use to get the tenants out?
Yes, it's actually been there the whole time. During the eviction moratorium a landlord could have given proper notice to terminate a tenancy. But if the tenant didn't move out, the landlord couldn't do anything about it because the courts were closed to all evictions. Now they are open for these evictions again...
Hello. Thanks you for the important info. Just to be clear. First, Do I have to pay 25% every month till January or do I just pay 25% by January for rents from September. Also, would it be too much if I asked my landlord if they could reduce my rent temporarily without having to pay the difference later. Fortunately, till now, I have paid all my rent in portions twice a month. But I am uncertain if I could keep this up and do not want to have to pay the total difference all at once in the future. I live in Orange County, California.
Thanks for watching! The law states that a minimum of 25% must be paid by 1/31/2021, which means technically that you could pay nothing for September through January and then pay the equivalent of 25% of the total rent for the 5 months by 1/31/21.
WIRE Associates a thanks for the immediate reply. I’m sure I could pay the majority of rent but I just wanted to be prepared and know my rights. Again thank you!
@@FernandaTapiaComedy Thanks! Ideally the other 75% should be paid as soon as possible. A landlord can sue in small claims court starting 3/1/21 for the unpaid rent.
I have a tenant that was due to get evicted on March 22nd, when his 60 Day Notice expired, for not paying rent and for lease violations. Now, because of the eviction moratorium he has refused to pay rent and will not pay rent for the next few months, probably until January 2021. That's 11 months of unpaid rent. He has used the tenant protections to get back at my 84 year old mother. He says he will settle it in court, meaning we will have to take him to small claims court in March 2021. He is undocumented so it will be difficult to collect on a judgement even if we win. This is just maddening.
Reach out to a good eviction attorney ASAP and discuss. As long as there isn't a local eviction moratorium in your area, you can evict for the breach in lease without any need to wait.
Christian, could you please elaborate on the new CDC order, does it cover tenants who are on leases that have expired and now are considered month-to-month?
They have not been in the house, all of their things are not here. The person has picked up their things and have a lil more stuff here. The person pretty much have left but threatens the Landlord
Since when did Woody Harrelson have a educational channel on real estate related content!? Jokes aside, thank you for the update and explanations I love how you deliver the info. Also, I believe the segment tags for "Advice for Landlord" and "Advice for Tenants" are reversed.
@@WIREassociates No he was working On March 1 2020 but he is claiming he can't pay due to covid. His hours did get cut towards the end of March but his Rent was due on March 1, not the end of March, Flat out lie. Taking advantage…and there lease expired in June. can i still evict them?
It's worth running it by an attorney for advice. You'll be required to give them the Declaration and it will be signed under penalty of perjury...that's where the attorney can help.
WIRE Associates Well I forgot to mention that I served them the three day notice back in April and the court did except it and they got served in July so now I’m in limbo and I need to know what’s going to happen...yes I do have an attorney and I will be talking with him this week, hopefully end this nightmare so I can have my home back because as far as I’m concerned they are holding hostage my home!
@@WIREassociates Thank you. I had never heard of this lodger law until a couple days ago and I'm interested in how it works. I read that you can't use the lodger law if you have two tenants living in the same house instead of one. But does that apply if you have one person renting in the same house as the landlord and one person renting an adu on the same lot?
Yes, every month that a tenant does not have full rent for September through January 2022 a landlord must give the blank Declaration and the tenant must return it within 15 days to the landlord.
@@WIREassociates You meant "through January 2021" Thanks for this straight forward answer. I've read through AB 3088 and it doesn't state this clearly. It makes me wonder if they are deliberately making it difficult for landlords to understand.
Thank you so much for the outstanding information and making forms available so quick and complementary. Adding on to sahil's question: Please suggest can I evict tenant if lease is expiring and I need to move back to my house? AND if the tenant has given declaration.
Thanks for watching and the kind words! Good question. The Declaration is only if the tenant hasn't paid some or all rent due to COVID-19. For your case, you would give appropriate legal notice to terminate tenancy (usually 30 or 60 days). They should move out. If not, you'd move forward with an eviction.
The purpose of the ban on eviction is to offer the tenant safe housing during this health crisis we're in. These are protections for the tenants (CDC also has an order).
I totally agree and that's a good reminder. But if someone has a legitimate reason to move back into their own home, they should be able to. As long as they follow the law to get back into their home.
Make sure you're consulting with an attorney on this. Is the declaration for rent not paid during March 2020 - August 2020? If so, no 25% due. If it's for September, then you have until 1/31/21, per the AB 3088.
I am sorry/ but this is insane/ this man has lived in my house for 10 months no rent/ I am in tears... I am so angered inside/ all the bills on my house I must still pay. I don’t have a federal mortgage/ and I have no protection/ not in your State.
I am very sorry to hear you're going through this! Have you been able to find an attorney who can help? Even under AB 3088, if your tenant didn't pay rent before March 1st, e.g. didn't pay on February 1st, you should be able to move forward with an eviction. Good luck!
WIRE Associates In Connecticut they had first stopped all eviction/ this man didn’t pay in February/ I severed him / then they closed the Court/ Now, I severed him again/ with this CDC rule/ now I am not sure what the State is planning/ they keep saying they don’t want these people on the street. I don’t care anymore, I want my house back. My house is paid in full! No one gave me anything/ now I have to take care of adults...Out of my retirement. They bring in drugs/ if you call the police they call it harassment/ this whole thing is a joke. I am fairly Educated/ However; I rented to a person in need. Biggest mistake of my! Never again 🙏🏾
1Life My House is paid in full/ I purchased it many years ago to keep my Autistic Nephew from being homeless due to his low income/ Getting a loan would put me in debt with the house! Therefore; I am paying for my bad judgment. This person had a job but was living in his CAR. It was Winter someone begged me to help. He begged also saying he would do the right thing (50) plus years old. So my kindness taught me a lesson/ NEVER again🙏🏾✍🏾😞🧖🏾♀️☕️I would rather keep it empty until I find the right person/ NOT perfect 👌 I will not let my kind heart blind my judgement again/ people in there car can stay! Finally He just left / THANK GOD🙏🏾 I am fixing and cleaning the apartment and it can just sit☕️🧖🏾♀️
EB Vision Network in most areas the housing market has appreciated quite nicely since March, perhaps you should consider selling and gradually shifting that capital to dividend producing stocks. I personally hate dealing with people when it comes to money as it seems they can’t fathom the logic of personal responsibility.
It's still out there! I have seen tenants and landlords to generous and heartwarming things during these tough times. Don't let the few bad apples ruin the bunch.
@@dianecelento4974 Depending on where you are, you can google for local groups. The big ones are California Apartment Association caanet.org/ Apartment Owner's Association www.aoausa.com/index.php National Apartment Association www.naahq.org/
It seems that what this is doing is causing landlords who own several properties, and run it like a business are kicking people out who are current on rent and telling them they are selling the property. So lets review, a law intended to help people who are in trouble is making so people who are not in trouble are now in trouble because they are getting kicked out because the landlord is too paranoid {rightfully so} to want to continue renting out property adding further stupidity insult to injury there are no places too rent because landlords are wrapping it up, who in their right mind would want to rent out property with this law in place? This is going to further speed up the exodus from california as this law created by idiots is going to cause a way larger problem than exists and create a new wave of homelessness in people who weren't even in financial trouble, they just got kicked out because there landlord is getting out of the game. All these idiots needed to do was make a program so individuals could apply for rent assistance from the state. That way the people who were in trouble could have been helped and landlords wouldn't be getting screwed over and now tons of people wouldn't be getting kicked out over "what if's"
I understand where you're coming from. Technically a landlord can only terminate the tenancy if the buyer is going to move in and it's only for specific property types like a single family home. I want landlords and tenants to know that this isn't a free pass to terminate all tenancies...
Legal Aid and pro bono attorneys. There are way more low cost and free services for tenants than landlords. 😀 I did a video on it: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Hi do you have any information on what may be available for commercial tenants? I have a small non profit working with the disabled adult population through DDS, and of course they pulled all clients the beginning of March, even before governor's orders, and since the state of the disease has not improved for their vulnerability, they still have not returned. Dds has had their hands full trying to solve all the other associated problems so they just only recently got back to programs with directives for providers, and we still have to all submit for approval our changes, IF the client population is even willing to return amidst the risk. So it still is looking like quite a bit of red tape to resolve on our end. Are there protections for non profits or anything? If i lose my building im our of business no matter what. Because of the way program designs are written and the business we do, we are tied to our specific location and there are no other spaces available that are available. , except my landlords building; he has 4 other spaces, but said on the 15th he will remove all of my company belongings and charge me to move them.
@@Deni-md8xq Very sorry you're going through this! Check with your local city/municipality about an eviction moratorium, which may protect commercial tenants...some cities put these into place. You definitely need help from a good attorney. Legal aid may be able to help.
The tenants must think first in God's seat. Whatever is not right is not right! Doesn't matter what government said, it's what your heart saying, that's what really matter to God.
@KG Bird No good deed goes unpunished. Those same "poor" souls will take advantage of you. It's human nature. Be very careful if you do help someone out,
@@13001ll Okay then. No good deed goes unrewarded. If I do a good deed for someone by letting them move into my apartment, they will refuse to pay rent or leave during a pandemic. My good deed will be rewarded with no cooperation from a tenant.
Why does everyone just jump over the Constitution when they're talking about the legislature having just passed a bill or a law? Why not just go to discussing that the constitution in the Fourteenth Amendment says they cannot pass a law of this type?
Your information was amazing. My tenant just stop payment and I did not know what my responsibilities were until you explained them. Thank you sooo much! God bless.
Thanks so much, Yolanda! Make sure you watch these because the law was updated: ua-cam.com/video/ifO_Kz54lTg/v-deo.html and ua-cam.com/video/YyyWhcAEpn0/v-deo.html
It’s cheaper for me to keep my house empty 🙏🏾 I will never feel sorry for anyone again 😞🤦🏽♀️
Lot's of freeloaders out there.
EB Vision Network totally agree. Being a landlord is huge liability. I feel bad for all these property owners.
What if an intruder with a forged leasing agreement sneaked into your house?
I feel you! i’m a landlord and had tenant did not pay for few months since pandemic started and gave me one day notice that she is moving back to her parent’s house. Now I am dealing to evict veteran tenant that doing illegal activity on my property and waiting for the court decision. Can’t win lately with all the things going on and still have some people taking advantage of Landlord kindness especially the Mom and Pop Landlord .😒
@KG Bird Not when they are straight up assholes and do not even want to negotiate rent payments. We have hearts too. But if they are just straight up gaming the system, then no I don't feel sorry for them.
thank you for explaining this clearly. i am a renter in a large complex, my husband is in the hospital since march, the business he runs is no longer open. all we have is ss. witch doesnt cover the rent. what a mess! I apreciate you anouncing these rules in a way we can understd.
Thanks for watching and very sorry you're going through tough times! This bill is in place to help with tough situations like you're going through. Good Luck!
@@WIREassociates ty. 4 responding❤
So small landlords have no assistance? Which means a majority of them will be forced to sell or foreclose on their homes? If tenants stopped paying during march it would be almost a year of income on those homes...
Homes and up to 4 units are able to apply for forbearance and have foreclosure protections. Buildings of 5+ don't have protections under AB 8033. Even with the protections it will be tough, especially because they can't pursue the back rent until next year.
What if a landlord has a combination of apartments under 5 units in different properties?
@@WIREassociates What about jumbo loans? that are not backed by FHA? Can we apply for forbearance?
As long as they are combos of 4 or less per Assessor Parcel Number (APN), you should be fine. For example, 2 side-by-side 4plexes with the same owner should be protected by this law.
It's always worth reaching out to the lender to discuss forbearance if needed. You may be surprised...
This is gonna get ugly.
Thank you so much for your outstanding information
If the landlord don’t send you a declaration?
Thanks for watching! It is now required for the landlord to send the declaration, if you missed rent payments from 3/1/2020 - 8/31/2020 and every month missed from 9/1/2020 - 1/31/21. If they don't send it, then you can't be evicted. And it you return it, you can't be evicted as long as you follow the other rules I mentioned. Good luck!
Can you evict for just cause because tenant breached the lease?
Yes, those evictions are moving forward
@@WIREassociates Can I evict for failure to pay October 2019 rent? My mother failed to serve a 3 Day Notice at the time.
@@gerardof71 See my other answer to your other question: find a good local eviction attorney...you may be able to end this. Good luck!
What about bankruptcy protection for covid-19 plandemic?
only ch13 can fix the problem but you need a job for a 13
I have a different situation:
Purchased a home in foreclosure ( foreclosure finished before covid started), but previous owner still lives there and refuses to leave. Prior to me owning it, bank owned it. There is no lease, no agreement in place.
I’ve been told the only way to get rid of the previous owner that refuses to leave is through eviction
Some advice would be greatly appreciated ( just in case someone else is in a simmilar situation)
Yes, first try cash for keys, e.g. give $2500 to move out in 30 days (give the check on move out day). At the same time, hire a good attorney to help with an eviction. The courts are open for these evictions. Good luck!
it's so crazy that people can live in your property without any reason. It should be trespassing and police should make an arrest.
Ivan G absolutely should be trespassing, but California has some weird rules
Keep in mind this is a previous owner that also stayed in the home while foreclosure process was going on, plus few months prior to that when he stopped making payments, total of around 1 yr or more for free
But rest assured, karma is a bitch and that’s how bad people attract bad in their lives by themselves
@@andreispiridon3241 I just fail to see what his location during foreclosure has to do with his right to live in someone else's property. This insane system should be simplified to enforce ownership of a property.
@@andreispiridon3241 Lol. Im in a similar position. Makes me wonder what I did to deserve this.
Amazing timely advice!! Thank you for making this video.
Great Job you recently got a Lot of Subs. Keep up the great work.
Thanks for watching, Logan! Yes, can't wait to get to 1000+!! 💪😀👍
Thanks! Have there been any recent updates?
Thanks for watching! ua-cam.com/video/ifO_Kz54lTg/v-deo.html is the update on SB 91, which replaced AB 3088...I saw your comments there, glad you found it. 😃
Tenant has lived in our condo for 8 years. We have raised the rent three times during that period all less than 10%. Rents for same type of unit in the area are $300 to $400 more. They have paid rent on time even during the pandemic. Both adult tenants are currently employed. We want to sell the condo. On September 19th we gave them a 60 day notice to vacate. Tenant has let us know that they will not be leaving until they find something suitable. A prorated rent has not been paid and is now late. They claim we can’t evict them due to Covid. Please advise.
Talk to an eviction attorney ASAP. Depending on where you are, like LA, there may be a local eviction moratorium that prevents you from getting them out. If not, AB 3088 would apply, but it's only just cause if the buyer will move in, which you technically won't know until you're under contract with the buyer.
@@WIREassociates this was in my city's website "7. I received a “no-fault eviction” notice from my landlord, am I protected
by this emergency eviction moratorium?
A so-called “no-fault eviction” is an eviction where the tenant is evicted
through no fault of their own. They paid their rent on time. They
followed the rules. However, the landlord has decided at the end of the
tenant’s lease term that he no longer wishes to rent to that tenant.
As of January 1, 2020, a new state-wide, AB 1482, went into effect
providing tenant protections for “no-fault evictions.” Please call us or
contact an attorney if you have further questions about how AB1482
may apply to you.
No-fault evictions are not protected by the City of Oceanside emergency
ordinance, nor Governor Newsom’s Executive Order.
Sounds like you WILL be able to evict them if they don't move out, but you need to have a buyer who is going to move in for it to be an acceptable no fault just cause eviction, per AB 3088. Definitely discuss with a good eviction attorney.
@@WIREassociates Thank for taking the time to help me. I appreciate it. I have been in contact with two law firms that handle evictions. Currently that have not paid me the prorated rent that was due this month. Maybe that will work to my favor as I don't see any buyers wanting to walk into this mess. The tenants will not allow anyone in the home. Our real estate agent, Christina Skelly, is fantastic but not miracle worker.
Great information Christian! Love it!!!
I was told I'm in violation of my rental agreement because I have too much clutter. I have some Sporting Goods mounted on the wall some shelves where I keep my tools because I do handyman work. Other than that my place is clean no junk on the floor what is the definition of clutter? I feel like I'm being harassed.
Reach out to your local Legal Aid office for help. That doesn't seem like it's excessive enough to be considered a violation, but an attorney can give you the best guidance.
What about a tenant who is NOT affected by Covid who has not paid rent for 3 months because she has bedbugs in her room only (4 BR house, I live here too)?? I've had the house sprayed professionally 3 times, I've asked her twice if she still has live bedbugs and now sh'e not talking to me. I gave her 3 day notice in August, she said she'd sue me if I move forward. She's squatting in my house! I called Fair Housing, they reached out to her and tenant said she refuses to pay rent while she has bugs -- how do I know if she still has bugs if she won't talk to me?? HELP!
Sorry you're stuck in this situation! Bed bugs are tough for landlords...whether they're actually there or not! You need to get a good local attorney involved ASAP to work on your side. Here's a video I did on finding an attorney: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Kelly spingola, check out lodger law in your State? Sounds like she's a lodger and not a tenant. It's much easier to get rid of her. Email me Dianecelento887@gmail.com. I can tell you more
@@dianecelento4974 Thank you, I will!!
@@ruthrecalde2858 I like your style
The law are always towards the tenant meanwhile the land lord is paying double mortgage
It is very, very tough to be a landlord these days, especially in California!
you've got the money to do that huh -- congrats!
I have a tenant in Riverside County. His lease is up at the end of the month (September) I call him on August 12 to tell him I would not be renewing the lease. He had been a great tenant until my phone call. I also sent him a formal notice giving him 60 days notice to move. That means he should be out by October 11th 2020. Then on 9/1/2020 my tenant decided not to pay rent. My husband called him a couple of days ago and was told by the tenant the we are to use the security deposit. My husband told our tenant that he is in violation of our lease agreement. The tenant basically refused to pay any portion of the rent. My tenant and his wife have fixed incomes and the Covid issue will not effect there income. Please advise on how I should proceed. Thank you
You definitely need to find a good attorney to help! Even with AB 3088, when a tenancy is ending, you can terminate with proper notice. Now that they aren't paying rent, you can expedite the eviction process with an unlawful detainer. The courts are now open for cases like these.
1) Or, you could wait and see if they move out, then use the Security Deposit to pay most of the rent, and thereafter mail them a bill for the balance due plus cleaning fees, etc. If they don't pay the debt, then consider filing small claim court to obtain judgment. If they value there credit score, the will pay the balance. 2) Or, avoid the going to court and turn the debt over to a 3 party collection agency for a % of the debt, or flat fee. 3) Or, try to reach an agreement with the tenants offering some cash for keys or offset the remaining weeks of unpaid rent. 3) If the tenants decide not to pay the rent, and decide to remain on the property, you will end having to retain an attorney and it will take at least 2 months or longer before the court date to evict, thus, the unpaid rent debt would be considerably more and you have to pay attorney fees up front, thus potentially $5K to $8K or more depending upon the monthly rent owed and attorney fees, not to mention the stress of having to appear in court. And you still might not be able to collect the judgement if cannot find out where they moved to, where they work, etc, or if they file bankruptcy.
@@gregorymeadors2009 This is not fair to landlords. Why is the government using us like toilet paper?
What if it’s not rent related and the tenant is disruptive & there’s drug use on the property? Are they under protection still?
No, not protected. They can be evicted for nuisance and/or health/safety. Get a good attorney involved.
Nice job and congrats to the newest UA-cam sensation! 🚀🎯💯👍👏
I heard from a local law firm that a unlawful detainer after January 31st 2021 until January 31st 2022. If the declaration is followed.
Thanks for sharing. did they specify an unlawful detainer for what? Meaning not paying the full rent during the COVID-19 protected period? Other unlawful detainers can move forward before then, e.g. for nuisance.
@@WIREassociates An awful detainer to evict for missed payments and partial payment of rent, after this California eviction moratorium AB 3088 expires, January 31st, 2021. This unlawful detainer cannot be filed until January 31st, 2022. I got this information from our local chamber of commerce and their lawyers.
@@robwakefield6244 Got it! Thanks for that!!!
I rent from a small landlord. I moved in June of this year. Since then I have worked and never stopped during this pandemic (not even considered essential! But still asked to come in to work). However, my salary was cut by 10% and as a result I now pay 45% of my income into rent. I explained this to my landlord and provided him three stubs that show the decrease throughout the three months. The lanlord said he would give me a call to discuss. Dude is a snake and completely is avoiding me now. I wanted to do the right thing and work something out with him but he is just ignoring me now and cashed in my rent check fully for the month of Sept. What can I do now? I'm struggling at the end of every month. I only get paid once a month.
Your help is much appreciated.
Laws like AB 3088 are set up to help tenants who are affected by COVID-19...a reduction in income like this is why the law was created. You are within your rights to follow this law, which means all you need to pay is 25% of your rent (for October through January) by 1/31/21 and return the declaration each month. He can't evict you and will have to take you to small claims court to get the other 75%, if you don't pay it. Definitely discuss with a local attorney because I can't give legal advice. Good luck!
@@WIREassociates I appreciate your prompt response! Thank you so much. I wanted to deal with it without having to get the law involved but now that he has been ignoring me I will have to seek help and use this law to help me get through these tough times. I work hard, I have always paid my bills, and I respect others property. I am 32, college grad (did everything I was told to do to be successful) and have a career but I truly think my generation is getting screwed. Wages have been stagnant for 40years and everything else is going up in price. Maybe being a civil servant was not the right career path but I love what I do! Anyway, thanks again!
@@jwesplayinify you need to find a cheaper place to live. It may not be up to your standards but how can you continue to pay 45% of your income to rent? Don't forget this is just a deferral of your rent, you still owe it. how will you possibly be able to come up with a large lump sum when the pandemic is over?
Pay 10 percent less every Month& then see what he says?
Technically AB 3088 allows 75% less right now...
I HAVE A TENANT WHO'S LEASE HAS NOT BEEN RENEWED AS OF AUG 2019 AND IS ON MONTH TO MONTH WITH A 15 DAY AGREEMENT EITHER TENANT LEAVES OR LANDLORD CAN ASK TO VACATE WHAT CAN I DO?
It sounds like you can, but run it by a local attorney. I am not sure if a tenant can waive their right to a 30 or 60 day notice under the current legislation. Plus it will still need to be for just cause, which I discuss briefly in this video ua-cam.com/video/e3J_aRKZdSs/v-deo.html
I received a 3 day notice on 10/9. Do I need to bring it to my landlords attention that it is now required to be a 15 day notice? I also didn’t get a hardship declaration.
Good question! Technically it's up to the landlord to know the law, but you can let them know. Your call.
So as a tenant, If i don't have the complete rent on the due date on Sept. 2020. But I still pay 50% of it, Do I call the office which collects the rent and email them, Or do I try to get a hold of the owner directly and try to get his email in order to have everything in writting as to how covid-19 has affected my job and why I can't pay the rent in full? Which do you suggest is my best option? Thank you in advance. Great Info!
PS - ( It's the first time this will happen, that's why I'm confused and concerned)
Don’t be concerned, these are very hard times and you’re trying to do the right thing. 😊 You can reach out to the office and let them know. They need to give you the new AB 3088 Declaration.Return the Declaration to them and pay a minimum of 25% of your rent by 1/31/21 and they can’t evict you. Legal Aid can help.
@@NewOCHome Once again; Thank you! You're Info. - Very much appreciated.
Love the content man, really educational. One thing I'm not clear on is this 25% of payment. Is this partial rent due according to the payment schedule agreed upon or is this rule flexible? Here's a hypothetical: say I enter into a 1 year lease for a studio apartment on 1/1/2020, which says I owe a monthly rent of $1000. I pay the $1000 each month for Jan - Mar and then dont pay ANYTHING for April-August. Now I file this Declaration of COVID saying I lost my job and I can't pay rent. The landlord now cannot evict due to failure to backpay rent. Furthermore, say I submit this notice every month until my lease is over (on 12/31/2020).
Do I have to pay a minimum of $250 EACH MONTH for September - December? or can I make a lump-sum payment of $750 at the end of December (3 x $250 = $750)? Btw i'm not actually in trouble of getting evicted but I'm actually looking to buy an apartment and I'm trying to time the market for a cheaper price lol.
Great question, Will, and one I may have to run through on my whiteboard for a future video. You definitely have the gist of the bill figured out. In your example, yes, a minimum of $250 each month plus turn in the Declaration for each month. It's actually 4 months so the total would be $1000, but let's push it to the full 5 months including January 2021, in which case the total is $1250. This full lump sum of $1250 could be paid on 1/30/21 and you couldn't be evicted for non-payment of rent...you wouldn't have to pay anything in the preceding months.
If you're in SoCal we can help you find a building, there will be opportunity. 😃
@@WIREassociates thanks so much for the reply man. Unfortunately I'm not in SoCal although I've visited and love the area.
To me there will be opportunities in California but things have gotten very dicey. With the financial impact of covid, we are basically trying to time the market on when the foreclosure wave starts. While I loved your calculation on the START of the foreclosure wave given the built-in timing of the NOD, the NOTS, etc, etc, the reality is that the government-controlled moratorium is the ultimate variable that controls the true timeline.
On the other side of the equation is the issue with WFH. The big question is this: "is WFH permanent"? And it really is THE big question. If it is temporary, then people might swarm back to LA and SF in droves after they fled across the country. I'm sure you've seen LA recently - the business areas are ghost towns (same with SF). If it is permanent, there could be a long-term flight of businesses, wealthy people and upper-middle class office workers out of the state. There is already collateral damage to the cities. I don't think I need to say much about the riots, but it drives people out of the cities. On the business front, I think Yelp did a study that found that 55% of their clients who declared "temporary" closure in march are now permanently closed. Many big companies (including mine) are thinking about downsizing or moving their HQ to another lower tax state. If this flight of wealth leaves Cali permanently, there could be dire consequences on the state's tax revenues. No idea how Newson or his successor will handle that, but it could mean higher income, sales, gas, and property taxes to compensate for the loss.
I'd honestly do a video about that: what if housing prices drop in half, but taxes double? To me that seems like a doomsday, but a legit, scenario of the future of California, which begs the question whether any price drop makes housing "a steal" in this state.
@@willdrake7995 Great, great questions, Will! California is losing people - more moving out than moving in - and I have talked to a lot of people who are at least considering it. You're right, there could be a point where there aren't enough people to support it from an economic standpoint. The higher the taxes go, the more it catalyzes the move out. At some point the nice weather just isn't worth it anymore. 😃 I wonder how long this would take and what measures would be put in place to slow or stop it. Great food for thought...I will have to do a video on this!
Curious: if your company does relocate the HQ, will you stay and WFH or will you move?
@@WIREassociates Right California has always had net negative migration from other US states since 2003 and its only really dropped from there.
If this doomsday situation were to play out, IMO Cali could have a repeat of NYC in the 1970s. NYC got into their fiscal crisis in the early 70s when people fled to the suburbs during the stagnation period. When that happened, the city's tax revenues fled for good. But just because the city's equity fell didn't mean the liabilities fell as well. What happened after this sudden loss of tax revenue was akin to a spiritual crisis. Some of NYC's services were cut and taxes/fees were raised (in this case, subway and ferry fees) but the city didn't have a holistic response to the crisis. Deficits soared in the early 70s as they had to borrow more and more debt to pay all of their obligations, leading the city to nearly declare bankruptcy. It wasn't until 5 years later in 1975 that an outside board had to control NYC's budget, in which they enacted mass service shut downs (hospitals, police, fire, libraries, etc) and enacted mass layoffs of government employees. Until that time, normal people like you and I saw the decline of the city but most city employees actually didn't share the burden. Most of them actually were not fired nor had their salaries frozen. That is what I might imagine in this doomsday scenario. You'll have a continual decline the in the city of angel's safety, cleanliness, and quality while the state and city governments take years to figure out a solution. Until that time your property, your tenants' safety and your financial position is at risk.
I've lived in California basically all my life. My hobbies can't really be done anywhere else (surfing), my friends are here, and my parents are here. I'm still young (25 in two weeks) so I'm willing to tough it out because 1) I'm not sure this WFH will stick forever and 2) I do have an emotional attachment to Cali. But if this WFH is here 4-5 years down the line and Cali has continually gotten worse for property owners, I'm dipping without a doubt.
Great perspective, Will. The NYC analogy is important to hear.
Young, smart voices like yours could help keep this state on the right track. I grew up in small town Ohio outside of Cleveland...for all the things California does wrong, there's so much that is right. The opportunity here compared to where I came from is staggering. Keep up the passion and help keep this state on track, my friend!
Great video! Very informative and you do a great job in explaining everything! I really appreciate that!
I have a question, say 2/1/2021 comes around and a tenant doesn't pay the 25% of the total rents that is owed (due to the tenant not having money to pay that amount) and is evicted. Besides being evicted, what other consequences does the tenant face for not paying the landlord the rents owed from 9/1/2020-1/31/2021 (5 months of rent)?
Thanks for watching and for the kind words, Alejandro! In addition to a potential eviction, the landlord is able to go after the tenant in small claims court for the unpaid rent.
@@WIREassociates What if the tenant is undocumented? Unfortunately, my parents did not collect SSN, or proper identification papers. All we have are phone numbers. I have also found their facebook and instagram profiles.
@@gerardof71 Shouldn't matter...discuss with a local attorney.
My client gave tenants a verbal notice that he needed to sell his home in Sept 2019 and he even offered to sell it to them if they could afford it. The official 60 day notice was delivered on March 12th. My clients is selling to take care of his wife's living facility costs, $7 month as she has Dementia and Alz. They know this and now the house is in escrow and they won't leave. They have the funds to pay rent but are using the new loophole. We close escrow in 10 days and my client doesn't know what to do. He will loose everything as he has not accepted rent since May when they were due to leave. Is there anything he can do? Tenants have money.
Sorry to hear about this situation. Your clients definitely need to get a good attorney involved. This does appear to be one of the allowed situations under AB 3088 to allow an eviction of the tenants (not for nonpayment of rent, but for the new owner to take possession and move in). Good luck!
@@WIREassociates I just spoke to another attorney and there is nothing that can be done.
@@tracifellows8893 I am sorry to hear that! Did they say why? Is it because of the LA moratorium? If the buyers are moving in, then AB 3088 allows the tenancy to be terminated...I have a new video coming out tomorrow that discusses this.
@@tracifellows8893 This is excruciating.
Hey there! Great video! Okay, so I think I got most of it - just want to clarify. The tenants have until 1/31/2021 to pay the 25% rent owed from only 9/1/2020-1/31/2021 period correct? The previous months of 3/1/2020-8/31/2020 will have to be sought after in small claims court? Thank you!
You got it! 😀 You will also be able to go after the other 75% of unpaid rent for 9/1/20 to 1/31/21 in small claims court, too.
Thank you!
@@processengineer85 So true. When it's said and done, my tenant will have gotten 11 months of free rent. He was being evicted before the pandemic so he will have no incentive to pay. The judgement will be tossed in the trash. What will the State of California do for me?
Hi, Very good job. Better than a Teacher. Is it 25% of every month or 25% of the total rent? March to August and September to January 2021.
Thanks for watching! 25% of each month...only from September to January. And it's due by 1/31/21.
@@WIREassociates Thanks, sorry it says in your Board too. And any balance not paid from March to August, the tenant can take it to court by next year along with the unpaid balance from September to January 2021, Am i right.? By the way your video scared me when it started, you coming up from the floor with your eyes wide open.
@@ube-23s yes, small claims court starting March 1st 2021.
Haha! Sorry to scare you!😀
@@WIREassociates Thank you, God bless your work.
Thanks for the advice👍🏾 , because I lost my job do COVID-19, then my rent was raised 2 months ago 🥺, but I have paid on both April and May, my updated license hasn't come yet, and I can't get my unemployment, and it's setting me back.
What is the Oct 31,2020 moratorium extension in LA county pertain to under this new law?
A local eviction law could take precedence over AB 3088. From my non-legal understanding, this bill doesn't prevent extensions of local eviction moratoria, but does specify when rent payment must restart. A good attorney will help with this.
I have a tenant whose lease expired in July and has been living month to month ever since. He is refusing to pay rent and live free for 6 mo. However, I know he is capable of paying rent and is not affected by COVID-19. Do I still have to wait until Feb 2nd 2021 to evict?
Also, which notice are you talking about when you broke it down step by step on the whiteboard.
You may need to wait depending on where you are...a good eviction attorney will give you the best advice. If the tenant signed the declaration, then you may have to wait, but reach out to a good attorney ASAP.
There are a few different notices that may apply. including a 15 day notice for nonpayment of rent, a "high income" tenant notice. Here's a link to the forms from the AOA: www.aoausa.com/magazine/free-forms-for-covid-19-related-issues/
What an outstanding video. Congratulations, I’m sure you will soon be followed by thousands of Californians.
My question is. What can a landlord do if tenants have the same incomes but still submit the declaration and you known the tenant is lying about financial distress?
Much appreciated, Luis! The Declaration is signed under the penalty of perjury, so an attorney could help you there. Also, are they high income renters? If so, they need to submit proof of income being reduced. Definitely worth a discussion with an attorney!
The CDC (federal level) will/can impose a fine of up to 250k against the landlord. Nevermind the state level. Besides, you might obtain a judgment (a headache and legal fees) but the judgment it is only worth the paper it is printed on. I have difficulty empathizing here for landlords. Greed is part of what is/has occurred and why we're to this point. The law of sowing and reaping.
A follower of Jesus honor your contract.
@@SignedOff402 It is unwise to believe everything, including the collection of rent, will return to normal. The CDC moratorium is just the beginning. What we've got here are tenants paying rent (50-80% of net incomes) which is then applied to county taxes and bank mortgages. The only party building equity and wealth is the landlord. Something is off in this equation. I anticipate trouble ahead for landlords. Gone are the days of wealth acquired without hard work. Good luck to all the landlords out there.
@@SignedOff402 Haha yes. My tenant is a church going Christian. He signed the declaration under penalty of perjury, yet he still goes to work every day.
What if a tenant moves out of the property before 1/31/2021? Is a landlord able to start a small claims proceeding?
Great question, I'd run it by an attorney, but on the face of it, it seems like the landlord should still be able to as long as the AB 3088 required notices and declaration were given when the tenant was there. You still will have to wait until March 1, 2021.
Oh my so if tenant like myself is not good at following this complicated rules landlord and myself will have fun in court To solve this among us lol
Haha! Trust me, I still have a headache from trying to decipher it all!
How does local Los Angeles City ordinance affect this? Can AB 3088 notices be served by landlord to tenants living in RSO units in the City of Los Angeles?
Great question and I am releasing a new video today that answers this. AB 3088 does not take precedence over local eviction moratoria in most cases so if you haven't been able to evict RSO, you won't be able to now. Definitely look for an attorney who specializes in LA.
Hello
If I could not pay January only. ....do I need to pay 25% for January or am I ok because I paid Sept -Dec full rent ?
Yes, per AB 3088 you would need to pay a minimum of 25% of January's rent by the end of the month.
what's the point of giving a 15 day notice if eviction can't be filed until Feb. 1st?!
If the tenant does not return the Declaration in any of the months from September to January, the landlord can start the eviction after the 15 day notice and doesn't have to wat until 2/1/21. I do a better job explaining this in my updated video on AB 3088. The tenant can still appeal to the judge during the unlawful detainer and turn invthe Declaration late.
@@WIREassociates if they waited until December 20th to return it... can the eviction process begin?
Discuss with an eviction attorney, but the answer is most likely no. They have 15 days to return - weekends and court holidays aren't included in the 15 days.
I have a tenant that has not paid since March 1, 2020 up to now September 19, 2020. Do I have to supply the declaration to cover March 1 to August 31, 2020.
Can I then supply the declaration each month that the tenant has not paid the rent.
Just one declaration and notice for rent owed before September. Yes, then a new notice and declaration for each month missed starting September.
I was told by sheriff that my son's wife who damaged my property, drunk, causing a disturbance and climbed on top of my house like a pigeon had to be evicted as she lived in my house for over 30 days... (maybe 40 total). I was then told about this covid law in CA... so it seems no matter what this crazy lady who my son is going to divorce is now entitled to stay in my house forever... and now she went out and got a pitbull 1 year old puppy and I believe she is going to bring it to our house against our wishes tomorrow! We live in association as well ... so frustrating and we are just parents... but i guess were treated as Landlords now... :(.
Definitely reach out to a good, local eviction attorney to discuss. See if you can get lodger laws to apply, which would change things. Otherwise, you need to get appropriate notice out quickly so this doesn't drag on...
What happens if my tenant doesn’t sign the declaration notice after 15 days? Can I evict?
Also how much should it cost to get a lawyer Involved here in the Bay Area? Ballpark? $3,000-$5,000?
Yes, you can technically start the unlawful detainer process if the declaration isn't returned within 15 days - remember the 15 days doesn't include weekends or court holidays. But also note that the tenant can still sign it after getting in front of the judge, so it's not a very sure path to eviction. I can't give an estimate on attorney costs because there are too many factors, but most good eviction attorneys will be able to give an estimate. Try searching for an eviction attorney through your local apartment or landlord associations.
@@WIREassociates
Thank you so much for the prompt answer. One more question if you don’t mind. My tenants lease ends in the end of February next year. I plan to move back into my condo. Would I just need to give her a 60 day notice that I am not renewing the lease and planning to move back in the condo?
@@corpo24axisallies44 Yes, that should be fine because that is a allowed no fault just cause reason to terminate a tenancy (as long as there aren't any local eviction moratoria that prevent it at the time). Make sure you discuss this with the attorney, too.
@@WIREassociates
Thank you so much 😊
Every week everything keeps changing lol 🤪
Thank you! Great info. I don’t rent in California but this definitely helps to kind of track when or even if the housing bubble will pop.
I've been waiting 12 years for it to pop. It's never going to pop.
Neof71 well then you missed it because it popped back in 2010
@@theeschatechannel2854 You're right
Great video, sir. . .my tenant allowed her daughter to move in back in January. The rental agreement prohibited that but she lied about it when I confronted her. She gave me a check for the August rent and it bounced. She has yet to make good on August and here we are in September. Oh yeah, she told me that she's TELEWORKING due to covid. What can I do? Thanks!
Reach out to an attorney to discuss...you probably can terminate the tenancy due to the extra occupant not on the lease. As for the rent being missed, you'll have to follow AB 3088 regulations, if the nonpayment of rent is due to COVID-19. If her income or hours were cut, then this would be considered a valid COVID-19 related reason.
Thank you for all the information but Are you sure AB3088 applies to commercial tenants? I can’t find the answer anywhere
No, AB 3088 is only residential.
Can you just give a 30 notice or 60 to vacate?
It would have to be for one of the acceptable no fault just cause reasons, which I cover briefly in this video: ua-cam.com/video/e3J_aRKZdSs/v-deo.html
How about Commercial Leases? Same rules? Or not?
Thanks for watching Simon. No, this bill only applies to residential foreclosures. The only protection for commercial leases would be from a local moratorium, if your area has one.
I have a tenant that moved in July 2020 on a 6-months lease. He lied about his employment and financial status. He has not paid a single months since. Can he be evicted on the basis of fraud ?
You will definitely need to speak to a good attorney on this one. It may not have helped in this case, but going forward you may want to ask tenants to prove they have paid previous landlords. You could ask to see 6 months of the most recent cancelled rent checks for example. Good luck!
Quick question I inherited tenants from a good tenant who’s lease just ended but they failed to tell me they had sub tenants. Can I make them fill out a rental application even after they have been living at my rental paying on time never been late with rent. They insist they don’t have to and want to continue paying rent In California. Do I have any legal protections? Can I evict if they decline?
I wonder about unwanted house guess with no contact or agreement that over stay?
Look under lodger law. Also if they are causing any nuisance they can be kicked out after 30 days of you giving notice. You can lock them out. You don't have to go through the courts
Diane Celento ty ty this is what I was looking for I knew it had to be something like this god bless you
@@chuckchucky6337 Make sure you read the civil code for the lodger law 1946.5. Let me know what happens.
Diane Celento hello yes I will let you know but I really thank you for this information I didn’t know these law exist but they do exist you made my a happy man I was confused and down and out and when you hit me up with information of lodger law you should see the smile I had on my face from ear to ear ty again I really appreciate everything and if there any more information please let me please
@@chuckchucky6337 I just heard about this a few days ago. And I'm happy about it too.
I was able to pay my rent on time during this pandemic and just lastnight at 8pm my landlord text me that I have 60 days to move out due to covid. Do I have any rights? I dont have the money to move at all and I need more time. And was it legal for her to send it through text after hours on a Friday night?
KG Bird is spot on. This isn't a legal notice to terminate a tenancy. AB 3088 only allows a tenancy to be terminated for very specific reasons, like a family member moving in. Additionally, you may be in an area subject to an eviction moratorium. Have a frank conversation with the landlord and you can also reach out to Legal Aid for legal advice.
Thank you both so much for the information.
@@WIREassociates can my landlord recind the 60 day notice she gave me?
@@cynthia4given Yes, a landlord can rescind a notice to terminate tenancy.
What about the Arizona eviction?
Thanks for asking, Diana, but I am not a licensed broker in Arizona and not quite sure of the laws. The new CDC eviction moratorium should apply in AZ.
The new law (such as 25%) doesn't apply to city of LA which has its own moratorium.
Thanks for watching and great point! Yes, a local moratorium can take precedence over AB 3088. It would be worth a discussion with a good eviction attorney to see if a landlord should still be serving the declarations in LA...and if/when the LA moratorium ends, then AB 3088 would take over, if it's still in effect.
@@WIREassociates Thank you for the reply. I'm a tenant by the way.
I have some tenants that are growing 5 big plants of marihuana,have 2 broken cars,have garbage front and back of the house,they smoke weed inside and they brought a family member to leave with them. How can I get rid of them in merced County?
Hire a good, local attorney ASAP. In my non-legal opinion, the easiest case may be the family member who moved in, this is probably a violation of the lease.
Hi, I am wondering if anyone has success in evicting a tenant for staying longer when the fixed-term lease (1yr) expired in Orange County? Mine is coming up and it's my last hope to evict a tenant for no cause since I'm not planning to renew the lease. I'm also planning to serve a 60 days notice as well.
If tenant hasn’t paid any rent since March and failed to do one or any of the requirements after the 15- day notice, can I file for UD now or still have to wait until Feb 2, 2021?
If the tenant doesn't return the Declaration within 15 days, then you can start the eviction now. But just remember that the tenant will still be able to turn in the Declaration and stop the unlawful detainer....it's not a guaranteed path.
Thank you for the explanation Christian. What are the penalties for a tenant falsifying a declaration? Is there harsh penalties for those folks too? Also not sure if you ever tried to pursue a judgement through small claims but it's not was easy as it sounds and there are ways they can wipe out your judgement against them.
The declaration is signed under penalty of perjury. As for small claims, it definitely isn't a perfect solution. Definitely follow the letter of the law related to the notices and declarations, plus document everything and this should help in small claims court. There will be a learning curve for the small claims court and landlords.
I have an open ended notice that I would be moving but told my landlord that due to Covid, it will take time. I have a housing choice voucher and it took 3 months to get it. Because of recent lockdown in California, the new home won’t be available for 3 more weeks. My landlord wants me out next week. I have paid ALL rent and plan to pay rent next month. I have 4 children. Can she evict me. I want to move but lockdown is causing it to take longer
You should reach out to your local Legal Aid office for guidance, but in my nonlegal opinion it's unlikely that an eviction can be started because your notice to move out was open ended. It's not like you missed an agreed upon deadline (nor did your landlord give you a notice). You're almost in the new place, which the landlord should appreciate. Good luck!
What kind of Housing Choice Voucher?
Is the Tenent protected until Jan 31st, even the Lease expires in October !5 th
@@NewOCHome Eviction lawyer said that tenants are protected except for nuisance or sale and/or government required remodeling.
@@1life857 Thanks for the update, yes, I will be doing a revised video for tomorrow. Did he mention that an owner or close family member like child or parent can move in? This is one of the other reasons.
@@WIREassociates Do you mean that if the landlord asks for his property back because a close family member will be moving in, that this is a valid reason for eviction during this pandemic?
@@gerardof71 Yes, for example, a son could move into the property, I have a more thorough discussion on this scenario in this video: ua-cam.com/video/mBVGatIvD6U/v-deo.html
@@WIREassociates Thank you. I knew it was allowed under AB 1482 under "No Fault" evictions, but I thought those were suspended during Covid-19 eviction moratoriums.
All the get rich quick books tout real estate as the fast track to wealth because of the available leverage. They never mention the bureaucrats or illiquid nature of the investment.
Too true! Investing in real estate, especially in California, is not easy...even when there isn't a pandemic.
What if you are paying rent, can you still be evicted?
lease is about to be up, rent is still getting paid, but we are having trouble finding a place.
@@carolburnette2019 no, I'm paying rent, never late. But it's kind of hard to find a place right now and my lease is almost up
.
I can't pay rent right now because I lose my job because of covid-19 but landlord it's telling me his goin to file in court and I give him the latter from my boss telling that I'm not working but he still telling me if I don't go out he will take me to court what can I do?
If you're in California, AB 3088 means that he can't take you to court until 2021 and he needs to follow the law for 15 day notices and the blank declaration. Here's a video that I did on finding free or low cost legal assistance...you can reach out for help: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Yes I saw your video but he toll me if I don't get out this month he will file court I toll him what you said in the video he doesn't want to believe. I wanna thank you for you valuable information wow you are a life saver
@@CUZUCO503 Reach out to Legal Aid for help and ask Legal Aid about harassment as well. Good luck!
what if i have a tenant renting a room in my own owner apartment he got into a fight with another tenant he got into a argument and scuffle with me i had the pilice here 3 times this week he blasts his music at midnight and so on
Reach out to an eviction attorney ASAP to discuss your situation, this could fall under "at fault" which is a quicker process, potentially.
So the unlawful detainer cannot be filed until January 2022, that’s the soonest.
Please suggest can I evict tenant if lease is expiring and I need to move back to my house?
You should be able to give a Notice to Terminate Tenancy in this case. If they don't move out after proper notice, then it would move to unlawful detainer. Watch our video below on finding legal advice t help make sure you give proper notice.
NO, YOU CAN'T EVICT, CDC HAS AN ORDER IN PLACE TO PROTECT TENANTS UNTIL DEC 31, 2020.
The CDC guidelines prevent evictions from nonpayment of rent due to COVID-19, like AB 3088. But it doesn't seem to apply to people moving back into their own home. I will do a video on it...
@@WIREassociates so whats going to stop landlords from just filing a terminate vacancy so they can just "move" back in. LOL isnt that a loophole landlords can use to get the tenants out?
Yes, it's actually been there the whole time. During the eviction moratorium a landlord could have given proper notice to terminate a tenancy. But if the tenant didn't move out, the landlord couldn't do anything about it because the courts were closed to all evictions. Now they are open for these evictions again...
Hello. Thanks you for the important info. Just to be clear.
First, Do I have to pay 25% every month till January or do I just pay 25% by January for rents from September.
Also, would it be too much if I asked my landlord if they could reduce my rent temporarily without having to pay the difference later. Fortunately, till now, I have paid all my rent in portions twice a month. But I am uncertain if I could keep this up and do not want to have to pay the total difference all at once in the future. I live in Orange County, California.
Thanks for watching! The law states that a minimum of 25% must be paid by 1/31/2021, which means technically that you could pay nothing for September through January and then pay the equivalent of 25% of the total rent for the 5 months by 1/31/21.
WIRE Associates a thanks for the immediate reply. I’m sure I could pay the majority of rent but I just wanted to be prepared and know my rights. Again thank you!
So when do you pay the 75%? Great video by the way!
@@FernandaTapiaComedy Thanks! Ideally the other 75% should be paid as soon as possible. A landlord can sue in small claims court starting 3/1/21 for the unpaid rent.
Thank you for all those tips. Is very helful.
I didn’t find the link. Could you please post the link again for notice, declaration notice? Thank you
You can download a sample of the Declaration here: www.wireassociates.com/ab3088/
Does AB 3088 apply to tenants in Rent controlled Los Angeles properties?
AB 3088 is currently superseded by LA's eviction moratorium.
I have a tenant that was due to get evicted on March 22nd, when his 60 Day Notice expired, for not paying rent and for lease violations. Now, because of the eviction moratorium he has refused to pay rent and will not pay rent for the next few months, probably until January 2021. That's 11 months of unpaid rent. He has used the tenant protections to get back at my 84 year old mother. He says he will settle it in court, meaning we will have to take him to small claims court in March 2021. He is undocumented so it will be difficult to collect on a judgement even if we win. This is just maddening.
Reach out to a good eviction attorney ASAP and discuss. As long as there isn't a local eviction moratorium in your area, you can evict for the breach in lease without any need to wait.
Christian, could you please elaborate on the new CDC order, does it cover tenants who are on leases that have expired and now are considered month-to-month?
I will dig into it to find out and do another video. It's a great question! I will also explore the overlap between that and AB 3088.
WIRE Associates yes please make a video about this
@@WIREassociates Much appreciate your effort and wisdom, Christian! Thank You!
@@1life857 Yours, too! I appreciate where you're coming from! 😀🙏🧡
Can you get evicted for no reason in los Angeles county on a month to month lease 3/11/22
Most likely no. Here's my latest video 👉ua-cam.com/video/PrTdQjJo1As/v-deo.html
What if no lease? Basically a Squater
Reach out to a good, local eviction attorney ASAP! The longer they squat, the tougher it can become...
They have not been in the house, all of their things are not here. The person has picked up their things and have a lil more stuff here. The person pretty much have left but threatens the Landlord
Is only applys with government loans correct? If you don't have a loan you can evict tenants right?
Good question. No, this applies to all California residential properties whether they have any type of loan or are owned all cash.
Since when did Woody Harrelson have a educational channel on real estate related content!? Jokes aside, thank you for the update and explanations I love how you deliver the info.
Also, I believe the segment tags for "Advice for Landlord" and "Advice for Tenants" are reversed.
Haha! Thanks for laughs and the comment...and good catch on the video section segment tags (fixed)! Now I know you really watched it. 🤣
Does this apply to both residential and commercial tenants?
AB 3088 only applies to residential. Some local municipalities have an eviction moratorium that may still be in place and apply to commercial.
What if the lease is over and they are still there with no rent payment since March 1 2020? Can a landlord start to evict them?
Is the non-payment of rent due to COVID-19? If so, watch the video carefully....can't be evicted if all the steps are followed by the tenant.
@@WIREassociates No he was working On March 1 2020 but he is claiming he can't pay due to covid. His hours did get cut towards the end of March but his Rent was due on March 1, not the end of March, Flat out lie. Taking advantage…and there lease expired in June. can i still evict them?
It's worth running it by an attorney for advice. You'll be required to give them the Declaration and it will be signed under penalty of perjury...that's where the attorney can help.
@@lapieltv NO, YOU CAN'T EVICT!!!
WIRE Associates Well I forgot to mention that I served them the three day notice back in April and the court did except it and they got served in July so now I’m in limbo and I need to know what’s going to happen...yes I do have an attorney and I will be talking with him this week, hopefully end this nightmare so I can have my home back because as far as I’m concerned they are holding hostage my home!
Can you talk about lodger law during Covid19?
That's a great idea...I will add that to upcoming content.
@@WIREassociates Thank you. I had never heard of this lodger law until a couple days ago and I'm interested in how it works. I read that you can't use the lodger law if you have two tenants living in the same house instead of one. But does that apply if you have one person renting in the same house as the landlord and one person renting an adu on the same lot?
Do I have to return the declaration once a month?
Yes, every month that a tenant does not have full rent for September through January 2022 a landlord must give the blank Declaration and the tenant must return it within 15 days to the landlord.
@@WIREassociates You meant "through January 2021"
Thanks for this straight forward answer. I've read through AB 3088 and it doesn't state this clearly. It makes me wonder if they are deliberately making it difficult for landlords to understand.
Thanks for the video. Not trying to be critical - but you have some intense eyes.
Haha! Been getting that a lot lately...I heard I even scared a few people. 😂 Thanks for watching!
@@WIREassociates Lol...you're a likeable guy. And a savvy one too. Thanks for all you do.
@@djscott9207 Thanks for the kind words! Very much appreciated and very good timing...sometimes we all need a little nicety every once and while!😃
@@WIREassociates Yeah, I will subscribe. Great content and great personality. Keep it up.
Serious question, were you in the military??
No. That's one of my regrets...I never did have the honor of serving in the military.
Thank you so much for the outstanding information and making forms available so quick and complementary.
Adding on to sahil's question: Please suggest can I evict tenant if lease is expiring and I need to move back to my house? AND if the tenant has given declaration.
Thanks for watching and the kind words! Good question. The Declaration is only if the tenant hasn't paid some or all rent due to COVID-19. For your case, you would give appropriate legal notice to terminate tenancy (usually 30 or 60 days). They should move out. If not, you'd move forward with an eviction.
The purpose of the ban on eviction is to offer the tenant safe housing during this health crisis we're in. These are protections for the tenants (CDC also has an order).
I totally agree and that's a good reminder. But if someone has a legitimate reason to move back into their own home, they should be able to. As long as they follow the law to get back into their home.
@@WIREassociates Thank you so much for taking time to answer the question. Appreciate it !
The daughter of my neighbor beat out my daughter-in-law and I’m getting kicked out and I have evidence or could I do to protect myself
You can turn to legal aid to see if they can help, I did a video on it: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
So can I be evicted if I haven't paid rent since april?
Not if it's due to COVID-19 and you and your landlord follow the required steps in AB 3088.
@@WIREassociates I already turned in the declaration notice, but what if I haven't paid the 25%?
Make sure you're consulting with an attorney on this. Is the declaration for rent not paid during March 2020 - August 2020? If so, no 25% due. If it's for September, then you have until 1/31/21, per the AB 3088.
AMAZING INFO....
Glad it was helpful! 💪😀👍
nice job brother
Much appreciated! Here's the update on the new law, SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
I am sorry/ but this is insane/ this man has lived in my house for 10 months no rent/ I am in tears... I am so angered inside/ all the bills on my house I must still pay. I don’t have a federal mortgage/ and I have no protection/ not in your State.
I am very sorry to hear you're going through this! Have you been able to find an attorney who can help? Even under AB 3088, if your tenant didn't pay rent before March 1st, e.g. didn't pay on February 1st, you should be able to move forward with an eviction. Good luck!
WIRE Associates In Connecticut they had first stopped all eviction/ this man didn’t pay in February/ I severed him / then they closed the Court/ Now, I severed him again/ with this CDC rule/ now I am not sure what the State is planning/ they keep saying they don’t want these people on the street. I don’t care anymore, I want my house back. My house is paid in full! No one gave me anything/ now I have to take care of adults...Out of my retirement. They bring in drugs/ if you call the police they call it harassment/ this whole thing is a joke. I am fairly Educated/ However; I rented to a person in need. Biggest mistake of my! Never again 🙏🏾
@@ebvisionnetwork8758 I don't understand why haven't you gotten the Forgivable PPP "loan", it's Free money for landlords...
1Life My House is paid in full/ I purchased it many years ago to keep my Autistic Nephew from being homeless due to his low income/ Getting a loan would put me in debt with the house! Therefore; I am paying for my bad judgment. This person had a job but was living in his CAR. It was Winter someone begged me to help. He begged also saying he would do the right thing (50) plus years old. So my kindness taught me a lesson/ NEVER again🙏🏾✍🏾😞🧖🏾♀️☕️I would rather keep it empty until I find the right person/ NOT perfect 👌 I will not let my kind heart blind my judgement again/ people in there car can stay! Finally He just left / THANK GOD🙏🏾 I am fixing and cleaning the apartment and it can just sit☕️🧖🏾♀️
EB Vision Network in most areas the housing market has appreciated quite nicely since March, perhaps you should consider selling and gradually shifting that capital to dividend producing stocks. I personally hate dealing with people when it comes to money as it seems they can’t fathom the logic of personal responsibility.
What happen to human kindness !!!
It's still out there! I have seen tenants and landlords to generous and heartwarming things during these tough times. Don't let the few bad apples ruin the bunch.
This is a "taking" by the government. Landlords should be fully compensated by the government.
Several landlord groups and attorneys are considering a lawsuit to stop this legislation.
@@WIREassociates Can you please tell me the name of the landlords groups?
@@dianecelento4974 Depending on where you are, you can google for local groups. The big ones are
California Apartment Association caanet.org/
Apartment Owner's Association www.aoausa.com/index.php
National Apartment Association www.naahq.org/
It seems that what this is doing is causing landlords who own several properties, and run it like a business are kicking people out who are current on rent and telling them they are selling the property. So lets review, a law intended to help people who are in trouble is making so people who are not in trouble are now in trouble because they are getting kicked out because the landlord is too paranoid {rightfully so} to want to continue renting out property adding further stupidity insult to injury there are no places too rent because landlords are wrapping it up, who in their right mind would want to rent out property with this law in place? This is going to further speed up the exodus from california as this law created by idiots is going to cause a way larger problem than exists and create a new wave of homelessness in people who weren't even in financial trouble, they just got kicked out because there landlord is getting out of the game. All these idiots needed to do was make a program so individuals could apply for rent assistance from the state. That way the people who were in trouble could have been helped and landlords wouldn't be getting screwed over and now tons of people wouldn't be getting kicked out over "what if's"
I understand where you're coming from. Technically a landlord can only terminate the tenancy if the buyer is going to move in and it's only for specific property types like a single family home. I want landlords and tenants to know that this isn't a free pass to terminate all tenancies...
How can they pay a lawyer if they can’t pay rent?
Legal Aid and pro bono attorneys. There are way more low cost and free services for tenants than landlords. 😀 I did a video on it: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Hi do you have any information on what may be available for commercial tenants? I have a small non profit working with the disabled adult population through DDS, and of course they pulled all clients the beginning of March, even before governor's orders, and since the state of the disease has not improved for their vulnerability, they still have not returned. Dds has had their hands full trying to solve all the other associated problems so they just only recently got back to programs with directives for providers, and we still have to all submit for approval our changes, IF the client population is even willing to return amidst the risk. So it still is looking like quite a bit of red tape to resolve on our end. Are there protections for non profits or anything? If i lose my building im our of business no matter what. Because of the way program designs are written and the business we do, we are tied to our specific location and there are no other spaces available that are available. , except my landlords building; he has 4 other spaces, but said on the 15th he will remove all of my company belongings and charge me to move them.
@@Deni-md8xq Very sorry you're going through this! Check with your local city/municipality about an eviction moratorium, which may protect commercial tenants...some cities put these into place. You definitely need help from a good attorney. Legal aid may be able to help.
2020 this video pops up > The Great Mask Debate 😷 every news reader is saying it 😅👍
Woodrow Harrelson in the building
Haha! I hear that a lot lately!
The tenants must think first in God's seat. Whatever is not right is not right! Doesn't matter what government said, it's what your heart saying, that's what really matter to God.
Thats the strategy. Until the people have nothing.
grazie
Prego!
LOL JUST ON MY BLOCK ONLY OVER 50 VACANT APARTMENT THEY WILL NEVER MAKE $$ IN SAN FRANCISCO AGAIN LOL
@KG Bird No good deed goes unpunished. Those same "poor" souls will take advantage of you. It's human nature. Be very careful if you do help someone out,
@@gerardof71 That is not what that verse means lol!
@@13001ll That's exactly what it means.
@@gerardof71 No. It is a perversion of the naive phrase "no good deed goes unrewarded".
@@13001ll Okay then. No good deed goes unrewarded. If I do a good deed for someone by letting them move into my apartment, they will refuse to pay rent or leave during a pandemic. My good deed will be rewarded with no cooperation from a tenant.
October 15th
To bad time to eviction time
Why does everyone just jump over the Constitution when they're talking about the legislature having just passed a bill or a law? Why not just go to discussing that the constitution in the Fourteenth Amendment says they cannot pass a law of this type?
Several landlord groups (CAA, for example) and attorneys have discussed filing to stop this legislation.
Woody Harrelson ?
Haha! I get that occasionally...