Is it enough to give a letter of termination of rent to a tenant Giving the 90 days ?. Because they have their room felty and odor coming out of it. . And they been verbal abusive?.. or the letter have to be from the court eviction?. ..
@@mbec9314 Depends on where you are and if there is a local moratorium in place still. You should reach out to a local eviction attorney. Here's a recent video on the 60 day notice that may apply - ua-cam.com/video/4o_wxdas53A/v-deo.html
@@WIREassociates thank you.. I live in San Diego California. And there no more moratorium here I think... After my personal letter. If she doesn't leave . Can I file for an illegal detainer?
Best video on these evictions to date! Not just from this channel but from all the channels I've seen, no one has a better, clearer breakdown. Thank you! Likes and shared multiple times
Thanks very new to this channel. I must say only 1-1 1/2 hrs. I’m in Love with the info I’ve heard so far I smarter and I’ve never subscribed to anything well like this. I said that to say this…. I hit the subscription w/I first 5……oh and that is Minutes!!!!
Riverside county not processing ANY Unlawful Detainers until further notice, thereby putting Mom&Pop Landlords OUT OF BUSINESS. You thought residential rentals were scarce before...just wait.
WOW - a lot of detailed information! Thank you for outlining this process, I am sure there are a lot of questions as there are many aspects to this act!!
@@WIREassociates Colorado is going with the CDC Eviction Moratorium. The governor extended orders requiring landlords to give tenants at least 30 days notice before going to court. Tenants can be evicted if they are behind on rent, even if their failure to pay is a result of COVID-19 economic hardship. Landlords can charge late fees and raise rents.
Thank you. I’ve been depressed because I couldn’t find out basic info about this subject Covid. I’m so sick of California I just want to sell my little rental investment and move.
Thanks for watching and glad I could provide some answers. There's a lot of landlords with similar feelings right now, unfortunately! Feel free to reach out and discuss how you can do a 1031 Exchange out of California or into a different asset type.
I’m a landlord and my tenant are verbally abusing each other, and my kids are witnessing this behavior. Do I have the right to give a 60day notes? Please help! I have children and they question me “why is this happening. “
Sorry you're stuck in this situation! You may be able to evict, but you'll need the guidance from a good eviction attorney. This behavior could potentially be declared a nuisance. You can find a good eviction attorney at your local apartment or landlord's association.
Yes, before AB 3088 it was nearly impossible, but as tough as the bill is, it does finally allow landlords to have some control over their rentals again! Thanks for watching!
why don't you ask the government for landlord assistance? people dont have money to pay rent and there are no jobs, and good luck getting a new tenant lol
@@aishacabrera5109 the tenant IS working, collecting from EDD, has an 18 yr old son who is also working. She's taking advantage of this covid nonsense as she has never proved in writing her income came to a halt. And BTW, I will be the new tenant as I told her back in January why I wouldn't be renewing her lease. She's loser and a squatter.
@@STRAHAN50 I understand. I'm behind in rent, but that's cause the $600 unemployment boost ran out and it looks like it won't be extended. I did show my landlord what I'm making now too $153 a week and he went ahead and sued me for back rent. I have no sympathy for greedy landlords mine is a millionaire, not mom and pop.
Hi. City came out and said that the people in the garage, needs to move out, but they are refusing to move out especially that courts are not taking any unlawful detainer at this time I gave them 30 day notice 3 day and it's just really crazy with them ,making my life miserable in my own,house 😡
Definitely reach out to an attorney for help...this appears to be a valid reason for eviction and courts are open to these in most areas (unless a local eviction moratorium is in place). Your attorney will guide you.
in California For tenants that ARE paying their Rent in Full and On time as per their lease agreement and they are on a month to month signed lease agreement , can landlords subtly or blatently harass them or instigate others; like neighbors or friends to harass them by subtle or blatent means to try to get a tenant to move out? Basically make it to where tenants feel so unsafe and /or not at peace and quiet in the home they are renting to where they feel like they have to move out?... Like if a landlord made a bad investment buying a rental property and got in way over their head and they have to double or triple the rent on current renters so will try anything to get them to leave?
literally what is happening to me man ... i pay rent on time here in CA , in rent, for a studio to some snobs next door who make me feel most unwelcome and have had neighbors harrass me and my people etc for just living ... now 7 months in year lease telling me to go ... craziness
Landlords cannot harass tenants and a legal aid attorney should be able to help determine what is harassment and the next steps, here's a video I did on finding help: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
@@WIREassociates HI. Thank you for putting out these informative helpful videos. We know that you cannot give out advice from a legal perspective. We appreciate links you share so that we can try to do this:-) * We just watched the video about what Landlords CANNOT do in terms of Harassment. WOW!~ Our landlord has done all of this and more. We're on a month to month lease and pay on time and in full no matter how difficult this . We even applied for a rental assistance program and they said the ONLY reason we were denied was because we were actually PAYING our rent. That the program was for people who are NOT paying their rent and need help to do so. When you mention the part about Landlord Harassment- Ours has done the late nite texts, the emails, sending other people here inside of this gated condo complex to stalk and harass us and our dog, come pounding on our door, scare and intimidate us, spy on us thru WIFI electronic keypad door lock, leave realtor lock box on the door, and the latest is to try to blame the property management company who is already very lax as it is by telling us that "someone" complained that our Service Dog ( Legit)- 1 of us is disabled, is more than the 25 pound 'pet' limit and they want the landlord to demand from us our dog's certification from the ADA. We know all of these things are illegal and we have contacted the Police, the Property Management company and the Security people here but we are scared that she might hurt our dog or get someone to do it. The landlord has said in email that they want to rent this place out to someone who will pay double or more than double the rent. There is no just cause for any of this other than greed. * Btw, we know no one at the Property management complained or even cares about our dog or any one else's dog; service dog or otherwise as more than 1 of the Board members live on site and they have large breed, way over 25 pound dogs and none of them are legitimate Service dogs. Basically landlord is trying any and every blatent and subtle means to make our lives unpeaceful, stressful and now scary just to get more money. We have also been talking with Legal Aid. Are there any other links or recommendations you can share with us of who we might contact at this point in time? Thank you
@@the_dog_goddess Thanks for watching and sorry you're stuck in this situation! You're definitely on the right track by speaking with legal aid and getting an attorney involved. You can also see if there are any attorneys focused exclusively on tenant representation in your area. The other thing that would be helpful is to draft a timeline of events...just the facts and when they happened, for example, "landlord texted at this time at night, on this date and sent this message." This will help the attorney establish a case. Good luck!
I been able to move out bad non paying renter by giving him 60 day notice, telling I am going to move to property myself. He moved, living me destroyed property with unliveable condition, that may cost up to 100 000$+to fix it up
I am in my 70s, do not work and own one sfh and now am supporting myself plus renters. This was a significant part of my income and now have no choice but to sell the property. It was advised to Mark's posting to give the NTV after you have a signed agreement but that assumes the renter gives some kind of access in this Covid era. You have often recommended to use a good attorney and that you could help with that if need be. Where would I find your recommendations as I am in San Diego county.
I am very sorry you're stuck in this situation! Feel free to give me a call or email (info at the end of the video) and we can discuss a few strategies. Search the AOA site for a good attorney in your area, they have a San Diego branch - www.aoausa.com/
I think you can ask for forbearance and possibly get your mortgage put on the back of the loan. I think you are also protected from foreclosure as well from the cares act.
Im a master tenant. My tenant poked me in the face. I filed a police report. As i was posting an eviction notice on his door for nuisance and violence. He opemed the door. Tossed my notice and kicked me in the back. A police report was filed. 3 day Notice? I want to get a restraining order first..... what do you think?
Wow, very sorry to hear that you're going through this situation! You need a good attorney ASAP! My non-legal opinion is to get the 3 day notice delivered as quickly as you can. Work on the restraining order as well, but don't let that slow you down on the 3 day. The restraining order will act as further evidence for the unlawful detainer. Good luck and stay safe!
I'm so happy that I found your channel. It's very informative that's put into simple terms! Can you please let me know if a 15 Day Notice To Pay Rent or Quit is the same language used for a 3 Day Notice To Pay Rent or Quit, in California? Thank you
Thanks for watching, Elvira! The 15 day Notice has extra bill-mandated language, that would be different from the old 3 day pay or quit. We offer a sample to download below with the language from the bill, but it's not meant to be used and needs to be reviewed by your attorney. Some landlord associations like CAA and AOA offer ready to use forms.
Thanks for watching and the kind words! Yes, my next big update will be closer to the end of the month when we see what the extension of AB 3088 will look like.
I asked this on your most recent Santa Ana video but it is more suited for this and I think landlords and tenants a lake would be wondering this: Thank you!!! I have a question that other people probably have come across and I was asking my apartment complex about it but never got an answer… I was paying as much as I can during the memorandum and I only had to pay 25%… This month I was short and got a late fee and if I don’t come up with the money will get an infection notice so it was really stupid of me/they never answered me but if I knew I would’ve only paid 25% and saved the money so this wouldn’t happen! Would it be reasonable for them to use the amount over 25% that has been paid to cover the amount I was short this month because I am probably at about 75 or 85% paid for the Covid months. Technically I’m ahead of what I owe but I’m short THIS month…😟
A tenant recently told new landlord that just took over that she, the tenant, damaged an area of the rental property during the time with previous landlord and now ask the new landlord to repair. Did she violate the San Francisco's law of damaging the property, with new landlord?
Hmm...definitely discuss with a good local eviction attorney to see if the damage is enough for eviction. Also see if the previous landlord knew...that should have been disclosed to you.
I have rented a house in Modesto California for 7 years this Dec 2020. 1 year lease was up 6 yrs, so I am month to month. And I pay my rent. Landord decided to redo hall bathroom, basically so he could raise my rent. But he didn’t instead he said I’m going to rent out a room and hall bath to traveling nurse as March 2020 when hall ball was completed. He advertised and rents room out with out my conceit. After this 3 nurse, I said no more renting out a room. Due to my health and safety. I will pay full as per on my month to lease with only my name on as tenant. How do I handle this, he is in the wrong...?
Very sorry to hear that...he is definitely in the wrong, unless there is a provision in the lease that allows this (which I have never seen). You'll need legal assistance, I recommend reaching out to your local Legal Aid office ASAP!
Just released what felt like PRESSURE the biggest sigh of relief (life’s changes). Thanks for several reasons that can be explained/shared or talked about at a later date/time. But now Feeling comfortable however STILL with High antenna alert….information stage is important to me. In my 60’s yes yes 60+. I have SOCIAL ANXIETY (inherited). Never before had a problem a need to or thought it would be a part of my DNA, WELL…….so is there a way I could ask my question in a different environment (until I’m able to share with others)
Good morning my dear Sir, I am so glad I ran into your channel I spent day to find the legal means to advic a month to month Tenant who has decided, without a convent from Landlord to have her Boyfriend spent every single Weekend ( Friday through Monday Morning) staying at the Rental Property; even when the lease specifically stays that previous permission from landlord She’s been asesores verbally of this violation of the lease; Unsuccessfully What to do ???? Help ! Thank you
Thanks for watching! You'll definitely need to discuss the situation with an attorney. For free or low cost legal assistance for tenants there is lawhelp.org. For landlords, a local landlord or apartment association will have recommendations for attorneys.
Thank you for your prompt response, also , sorry for the grammar I didn’t had my glasses when I write my comment (question) on your video, Your help it’s greatly appreciated
What is the unlawful detainer for? If it's money related (not paying rent), then they are waiting until 10/5/20 to start on those...and it can't be for nonpayment of rent due to COVID-19.
@@WIREassociates It is not rent related. Lease ended and tenant stayed. San Joaquin County Court does not issue summons for now even though I provided the supplemental cover sheet clearly marked as residential and not related to non-payment of rent. Thanks for responding.
@@WIREassociates Thanks. In general, if the tenants violate the lease terms in all kinds of ways (staying after the lease ends, leaving garbage/debris on the front lawn, making unauthorized alterations on the property, soiling floors and driveways), can they still invoke COVID protections or is each situation different?
Actually it's yes to both, in my non-legal opinion. They could stop paying rent due to COVID-19, but with an attorney's help you should be able to evict based on an at-fault cause. Definitely consult with a good attorney.
$450.00 an hour for Attorneys.............just great.........I'm moving out of this California....I hate Alameda Co.... only a Fool would be a Landlord after this....My Tenant works for Attorney. I'm getting screwed every possible way...
Can we evict a tenant that is not affected by Covid, and do I have to give her the declaration paper?? Thank you, I love how you break everything down!
Thanks for the kind words, Kelly! You'll need to run it by a good local attorney. You'll need to make sure it's an eviction for just cause. If it's NOT for nonpayment of rent due to COVID-19, then you wouldn't give the declaration.
Please reply. I am living in an apartment for the last 12 years in Alameda Country California. Initially, I was on a 1-year lease but a few years back owners sold the property to another property management company they did not renew my yearly lease and put me on a month to month lease now this new company again sold this property to another property management company. They also kept my lease month to month. In my community, there are 10 buildings. 9 buildings are 2 floors and have 8 unit in each building with 2 BR. and 1 building has 3 floors and has more than 40 1 BR units in it. Now Property management company has started remodeling all the units by keeping the outside structure same bit from inside they are changing the whole floor plan from 2 BR and 1.5 Bath they are making 2 BR 2 Bath with Washer/Dryer in each Unit and they are forcing Tenant to move out by not extending their month to month lease and while the tenant lives in their unit Company started remodeling by tearing down whole adjusting unit from inside they have broken all the wall, ceiling and change inside structure totally while the tenant is living in adjusting unit. All remodeling work started for more than 3 years. Existing old tenants constantly being disturbed by big noise during the day even it was continued during the Covid-19 pandemic. They try everything so the old tenant moves out. They do not offer any compensation to the old tenant and force tenants to move to their upgrade unit with much higher rent by giving 1st-month rent-free. They started their remodeling work in my adjusting unit and obviously, they made very big noise while tearing down it from inside. They called me last month and told me that there is a Gas leak in your unit and now you have to evacuate your unit within one week. I asked them to give me written notice about the gas leak and what kind of solution you offer but they are not giving me anything in writing. Also, I asked them that you want me to move out for remodeling then give me 60 days' notice but still, they have not given me 60 days' notice. In my unit all the surrounding units are empty and they are doing heavy remodeling which requires more than 3 months to complete. It creates dirty surroundings, heavy noise, and sometimes heavy shaking. They call me frequently and asking me in which upgrade unit you want to move and when you are moving, it is kind of harassing. They do not follow any legal path not giving any compensation for violating my "Quiet Enjoyment" right. Also not ready to give me in writing about Gas leak and not giving me 60 days' notice. Could you please let me know what are my options as a tenant? Are they allowed to do whatever they want to do as I am not month to month lease and they are the owner. One thing I paid all my rent on time.
I can't give legal advice, you'll need to find a good attorney, here's a video I did on free or low cost legal assistance ua-cam.com/video/Duj34Dx9fbA/v-deo.html My non-legal opinion is that this may be harassment. They also probably owe you relocation fees under AB 1482. An attorney will help!
@@WIREassociates I really appreciate your input. The most important thing is that you are reading comments on your video and you are showing the path and you are guiding the people. Thank you very much for useful information.
You are clearly being treated terribly by the owners & Your rights certainly appeared to be trampled upon consistently. 🙏🏽🙏🏽 for what is right & honest in Your situation. Many blessings for Your humble patience during all of this. It took A lot for You to share all of that personal struggle so thank You for doing that. May Your success in this make it so no one else have to endure it😊
I live here in Santa Barbara , CA - where I have a 'year lease' that is up in FEB 25 th 2021 , yet my landlords gave me a notice on Aug. 4 saying 'they will not be renewing our lease' like 6months in advance... is that legit / legal in these times? And they make me pay them in cash not via check... super shady, given them over 10k in cash in last 7 months and now telling me to leave when I have done nothing wrong... about ready to stop paying them!
Hmmm...that is a very long notice time about not renewing...you can consult with a legal aid attorney to discuss. Your lease should specify how you can pay rent. With all cash payments, you may want to ask for a receipt each time so that you have proof of payment.
I'm in a situation where I took ownership of my Sister's house as we owned the home jointly and she passed away on 6/15/20. She lived in the property with her boyfriend and he paid the mortgage payment in June and hasn't paid anything since as he wanted me to agree to give him a portion of the sale of the house, which he has no legal right to and is only doing this so that he'll continue to make the payment in return for a portion of the sale. I have made the mortgage payment in July, August and September and he hasn't offered to pay anything so in essence, he is squatting. He is also gainfully employed and is a general contractor who is good at what he does and works consistently so he couldn't claim a financial hardship due to Covid. The last day he has to live there based on the eviction notice is 10/13/20 and I'd like to know if I can still evict him on this day or if I should wait?
Wow, very sorry you're in this complicated situation! You'll definitely need a good attorney to sort through the details and find the best path, but the short answer is that you should be able to get him out with proper legal assistance.
Yeah it’s pretty bad but his day’s coming soon so thanks for the like and the comment and I’ll definitely follow up and let you know how things turn out, take care!
Im this scenario but as a buyer intending to occupy.In November we entered into escrow with dec closing date. Seller gave tenents 60day notice prior to sale.Tenents had stated theyd be out by end of nov. Owner checked on after end date and tenent said nevermind cant find place you cant evict because of moratorium ( note tenents payed rent up until december after incedent stoped paying ) december came and we couldnt close due to this.we are still in escrow waiting.tennents were offered cash for keys they declined.tennents were offered help with relocating with a property mgr they declined. Tennents are still there we are told eviction service has been hired and they are waiting for january 31st If they decide to go to court is it likely they will be forced to vacate? The non rent is not why eviction. They were given notice to move prior to sale and agreed and we are almost 60days past origional escrow closing date. Tenants lack of comunication also put us in a bind as we had put our notice in to our landlord and jobs we were moving.also we just cant move on House retails for simular homes kept inflating and are 25k more now than what we are in contract for
Sorry you're stuck in this situation, I literally just did a video on this topic: ua-cam.com/video/zLc6PSSx2FE/v-deo.html The 60 day notice before escrow probably wasn't valid...an owner can't terminate a tenancy just because they want to sell. The 60 day notice to terminate tenancy should have gone out after you were in escrow and the reason for the termination would have been because you as the buyer are moving in. This is an acceptable "no fault" just cause reason to terminate a tenancy under AB 3088 (unless there is a local eviction moratorium that prevents it). Has a lawful 60 day notice gone out yet? If so, an unlawful detainer can be started after the 60 day notice if they don't move out because this is now an acceptable "at fault" just cause reason to evict.
@@WIREassociates To my knolege it was a month to month over year and 60day was given in Sept prior to escrow in late Nov. When we 1st bid late Oct we gave seller 60days for tennant but seller counter offered and wanted to close in 30 plus short turnaround time on inspections etc so we agreed and met thier needs. After dec 9th closing date passed We rolled into a standstill waiting.We sent sellers notice to perform and they started evection prosses january 2nd and we signged an extension till jan 31st. I wish i had more details or control but as the buyer its not under my controll and its frustrating.At this point were not walking away from property tho if anybody breaks contract it will have to be sellers. We lost to much oportunitys and value on other propertys because we comited to this seller. And thank you for replying and link to video.We are gratefull and admire your attention to detail and explaining clearly .
Excellent information regarding AB-3088. I needed a point of clarity. You mentioned three exceptions for No-Fault notice to vacate or eviction. The first exception you stated was the property was being sold. Does that mean the property would need to be currently under contract OR the owner is just stating he or she will be selling the property? I was under the impression the property would need to be under contract at the time of the NTV.
Thanks for watching, Mark! I'd run it by a good attorney, my non-legal opinion is that a landlord should wait until there is a signed purchase agreement with a buyer who is going to occupy (and all contingencies are removed) before giving the appropriate notice.
How do the monthly declarations/notices starting in Sept need to be delivered? Is regular mail of, certified mail, or do they need to be served by a process server?
The rental agreement may specify how notices are delivered, so first check there. The bill doesn't specify as far as I know. Ask the tenant. They may be fine with email, but get their approval first. If they don't respond, then I would go in typical notice serving order: 1) direct service (knock on door and hand to tenant), 2) substituted service (give to another occupant if tenant isn't there), 3) post and mail (hang on door and regular mail a copy). Good question! I might have to do a video on this...
Under No Fault a Tenant can be given a 30/60 day notice for significant rehabilitation to the premises without a court order as long as Permits are provided for repairs...
Thanks for that, Larry! Some local moratoria still won't allow it, but that's good to know. I'd still recommend running it by a good eviction attorney...if they say yes and are willing to defend the practice, then go for it.
I want to serve my tenant a notice since they left out of the country 3 weeks ago, hasn't paid rent, or informed me that he was leaving or missing another payment. Does he need to provide COVID related proof along with the declaration of proof, and if so what would he need to fight the eviction? Love your channel, Thank you!
Thanks for watching! You'll need to run this by a good local attorney. Is this the first payment they missed? You'll need to give the 15 day notice and a blank declaration. If you have proof that they are high income (form their original application), then they will need to provide proof. Otherwise, no proof is required.
@@WIREassociates They have not paid rent since march, and they are not high income but they did receive unemployment plus the $600 a week covid relief.
In Texas that's call abandonment. Go in, do a landlord's lien on applicable items and if he doesn't show up move everything into storage and rent it out. If that's illegal where you're at you might want to consider moving to Texas.
My cousin has a roomate who was a nuisance ,pooped on rugs on purpose , was violent on purpose, and got 5150d. Do they have to let him back in after he was committed? His mother got his belongings but my cousin is scared that he'll come back . Evictions in Cali could be stalled until March. Can't they just not allow him back in and ask him to take them to court? They have footage on camera of him doing nonsense.
Can the landlord's son, who is watching the rental property, raise rent due to their family financial issues. The original landlady is not doing well and her adult children are splitting the monies 4 ways. We're buying a house, but due to the pandemic and not to mention the fires last year, the construction was delayed. We mentioned this to the Son, and he stated rent just went up. Verbal agreement only. We've been here for 23 years now and not been late nor missed a payment. Is he in the right for raising rent? Can he also without notice to bring in a Realtor to take photos of the house?
You should reach out to Legal Aid for guidance on your rights. Some areas have a moratorium on rent increases right now, so you'll want to ask Legal Aid about that. If the area allows increases, then , No, a verbal increase doesn't work...it needs to be in writing and needs to be a 60 day notice for the increase. Yes, a Realtor can access for photos, but you need to be given proper notice...I discuss in this video: ua-cam.com/video/3tVrf_IUel0/v-deo.html
Can you be evicted if you are paying rent? For example if the landlord dosent like the tenant? Because before the pandemic there weren't that many protections stopping landlord from giving notice to their tenants.
Great question! That is one of the big changes that AB 3088 brought: landlords have a very short list of just cause reasons to get rid of tenants. Agreed, there were not many protections before the pandemic - AB 1482 brought some, but many properties were exempt.
I inherited tenants from a good tenant but they failed to tell me they had sub tenant can I make them fill out a rental application even after they have been living at my rental paid on time never late. They insist they don’t have to and want to continue paying rent. In California
You'll want to run by an eviction attorney and review the lease for what is says about subleasing. You probably are within your rights to request an application.
my landlord recently bought our building... and is doing a bunch of renovations... one big item is the entire flooring of my unit. we just received a termination of tenancy. no fault . after i sent my declaration of hardship.. prior to this in conversation he said he was investing inn the property to get an equity loan to buy another building he never mentioned he wanted to move im.. he lives in west L.A.. is quite wealthy and i feel that his reason to terminate and move in is untrue.. we in the run down hood part of San Bernardino. i heard him discussing doing some major remodeling to my unit with a contractor a couple of months ago... i think he dislikes us bc we are poor, hispanic and have kids... Since he bought the building he has had contractors constantly coming in and out of our unit and we have always cooperated . there is another hispanic tenant with a kid but they bought a houshouser and are moving soon.. the 3rd hispanic tenant complained about the contractors too. the only tenants that have not complained are our white neighbors... I feel that he is retaliating for me submitting the declaration and is disingenuous about wanting to move in. my unit is the largest and of the four and the most costly as far as rent goes. we also never received the notice of tenant rights per the new renters protection law of 2020.. what are my options... i cant afford my rent right now much less a lawyer but i do want to correct my past due rent. my hours were cut by 50% and my expenses gave gone up now that my kids are home 24/7.
You definitely need to reach out to Legal Aid for legal assistance ASAP! What did the Notice of Termination of Tenancy say for the reason? Does it say major repairs or landlord moving in? Major repairs usually means that permits have to be pulled, which wouldn't be the case for new flooring. You'll want to show this to Legal Aid, plus a copy of the lease. Did you receive the AB 1482 disclosure? He would owe you relocation assistance as well...a minimum of one month's rent (higher in some areas). It doesn't sound like this landlord is following the law, but Legal Aid will be able to sort it out.
@@WIREassociates he states that he wants to owner occupy... doesnt acknowledge major renovation. the thing is that I am in fault I haven't paid my rent by serving this type of notice he bypasses my protections for the covid-19 it's retaliatory because of me submitting of my Declaration of hardship it's been really confusing he's had a property management company that he fired after I gave them the same Declaration of hardship and a partial payment for my rent I think he's being an unfair and this is his business practice he's a property developer and if when you see his LinkedIn account that's what he does for a living... he has no intent of moving in and making this his home he just wants me out so he can you upgrade my unit and rent it for a much much higher amount which is violates the renters protection that I have asserted
He can use that as an excuse, but see what Legal Aid says. Based on what you told me, it does seem unlikely that he will be moving in...maybe a judge would call him on it if it goes in front of a judge.
@@WIREassociates Thank you so much. I've been in tears for two days... i will email my local legal aid tonight and seek their assistance. funny thing i found on hos linked in resume is that he specializes on evictions... but his experience is all pre-pandemic... Wish me luck.. and may God keep you and yours healthy, satisfied and happy.
Are you for the owners of properties? If not I have a question about some slumlord shady real estate owner. Im a renter for the past two years now but before that I owned 2 properties for almost 20 years. I had to sale both and split any profit I got from them which left very little. But I was able to pay a years of rent where I am at 14000 for the year all up front. I am now paying month to month for past 2 months starting in sept. . I paid the sept and oct but now I’m struggling. I have 900 of 1200 and I’m late after nov 5th and they want to give me a 100 dollar late fee & now I find out they are raising the rent to 1300 now. This place isn’t worth 1200 let alone 1300. They won’t ever pay to fix anything. I have paid to fix the toilet and dishwasher as well as pat for the kitchen faucet and shower faucets that were rusting out. How can they raise rent and give me a late charge? I don’t wanna use the pandemic to jot pay or let anyone know I was struggling as I’m trying to get my business off the ground and didn’t wanna seem too weak. But now I can’t afford to even move out & they said they would evict me. I just know this shady place will try to get me for something. I do share a wall and had 2 complaints from my tv being in surround sound I guess. Can he raise the rent and can I just pay the 900 and stay? Can he raise my rent and can he expect me to pay a late fee by being 2 weeks late amd not even behind. It makes me so mad that he wants to evict me who will pay. he won’t find a better tenant. I know he will rent out & that he will be screwed over for rent more then likely. What proof do I have to get to hold him off for a couple months at the least so I can figure a plan out to get out of here. I don’t even want to stay knowing what a Douche bag he is and is to other renters.
Sorry you're in this situation! A couple things: Is it a condo or a multifamily building? If it's a multifamily building, then it would be subject to AB 1482, which limits how much rent can be raised it 5% plus CPI (about.7% right now), which would be $1,268.40. Also, some areas have local moratoria in place to prevent rent increases. As for being evicted, it sounds like COVID is making it hard for your business to get off the ground and for you to pay your bills. Talk to Legal Aid, but this should be a valid excuse for protection under AB 3088, which means that you can't be evicted right now as long as you follow the law. Also, some areas (like LA) have an eviction moratorium as well.
Thanks for watching! Remember that I can't give tax or legal advice and at best you're getting a non-legal opinion. Feel free to email details to cw@wireassociates.com and we'll go from there...
Im worried I been living in an apt for over a year I been paying my rent on time theirs no complaints from me I’m always working if I’m home I’m sleeping or out of town back south with my family land lord today said I have until aug 31 to move he hasn’t gave me a notice I asked him why is the reason for him wanting to kick me out theirs not reason and he said he has the right my 1 year contract ended couple months ago and I’m on month to month idk what do does he have the right to kick me out with out a reason ? I been all day looking for apts and it’s not gonna be easy 🤦🏻♀️is so stressed out 😫 why me I’m the most quiet one I think in this apts I have 2 jobs I’m very responsible I don’t get it and I’m about to get spine surgery in couple of days I explain but he didn’t care
If you're in California, he can't terminate your tenancy for this reason due to the statewide eviction moratorium, which is now under AB 832. Here's a video on it: ua-cam.com/video/FF2i4yQFlWY/v-deo.html In a nutshell, a landlord is NOT able to nonrenew a lease right now...discuss with Legal Aid in your area or visit lawhelp.org.
I am into the motel business and after the pandemic stop paying rent, and won't leave have filed eviction, but so far nothing is happening, I am in Los Angeles county, and many of them have now cars and phones and ipads for their kids which they did not have before, what are our best options?
It's a tough spot to be in right now! Reach out to a good eviction attorney - Dennis Block or Steve Duringer are two local OC/LA attorneys who I recommend talking to and see if there is anything that can be done...
I need to know if I can be evicted. I was on a month to month lease . Recently the landlord gave me a termination of tenancy, the house is also up for sale, the landlord lives in the front house and I rent a studio in the back . What happens if the house is sold . Am I covered under the new bill.
If the new buyer is going to occupy your unit, then that would be a no-fault just cause example and, yes, you could potentially be evicted. Definitely reach out to legal aid for clarification: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Selling rental home. Contract has always been month to month. They still pay every month too. They have no hardships, but still there 6 months after already handing them a 60 day notice. They are in breach of contract as well. What are my options?
If it's already listed for sale and they are paying and cooperating, then keep moving forward. Depending on where you are (and what your eviction attorney says), if the buyer is going to move in, you may be able to give a notice to terminate tenancy and then move into unlawful detainer if they don't move out (that's what AB 3088 allows).
@@WIREassociates Gotcha, thanks. And with them being in breach of contract currently I should be able to evict them regardless of AB 3088 correct? (Breach = people living there not on contract. Pets are present but not allowed on contract...and garage is being used as storage.)
You should, plus the breach of not moving out after notice to terminate tenancy (assuming notice was lawfully delivered). People not on the contract is also a strong one. Definitely run it by a good local eviction attorney, I don't recommend DIY unlawful detainer in these crazy days.
A tenant signed a lease stating he’s the only person occupying the room. After a week, he started bringing his 3 children who are under 11 yrs of age. They usually stay with him 2-3 weeks out of a month…. My question is, can i evict him for that? Also he refuses to pay rent till now, he only paid rent the first month and half of deposit when he moved in. He’s been in the room for 6 months now.
Depending on where your rental is located, then yes, you probably can evict for that, but you need to discuss the situation with a good, local eviction attorney.
Hello I’m Lorraine my husband ANS I ANS out 2 year old daughter rent out a trailer and we always paid full amount of rent not always on time due to cov19 but we always paid rent ANS even the late fees . And we got asked to move because the owner wants it back we never asked why or anything between feel like it’s not ours trailer to ask any questions. If anything they been a big blessing to our family . But the thing is now we are looking for a place . It way harder to get approved for anything . In Lompoc ca . I have to have down deposit ANS the 1 or 2nd months of rent ANS u have pay for them to do a background check. Per adult. And your your income has to be 3 time more of the rent ? With cov19 going crazy rig now . Do we still have to pay rent every month till we move out . Or how long do we have she’s never said really when to move or how long she just said ASAP . So I don’t really no . We lived her going on 4 years started at 750 for rent ANS then went up to this year 1100z
You should definitely reach out to Legal Aid in your area and visit www.lawhelp.org/ to find free legal assistance and discuss your situation. Good luck! Here is a video I did on the newest California law related to evictions, SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
I rent a room. The tenant stop paying rent says she doesn't have to. And I can't evict her. Its the law. She's a RN goes to work every day. Can I evict?
Definitely need to get an attorney involved. As long as there isn't an eviction moratorium in place still (like LA), then you should be able to evict, but you'll have to follow the letter of the law and that's where the attorney will help.
There should be a law that all landlords must put all rent paid to them by the tenant/investor into a high interest bank account, when the Tennant/investor moves out or is evicted the landlord should have to pay back every penny the tenant/investor invested into the property, the landlord keeps the interest. If the landlord refuses to return the money the Tennant/investor invested into said property,the tenant gains full legal ownership of said property free and clear of all debts incurred against said property.
There is be a law that a landlord retains all rights the the property the landlord owns. Tenant who fail to pay rent should have that amount added to their mortgage in the event they ever buy a house.
I live in WA, so obviously nothing of this applies to me, but we model many of our legal things after CA, But with that being said, where do landlords with "At Will" Tenants fall in this? I have a Mother-In-Law that is living with me who can't take a hint to get out of my house after a year of living here. we're not asking any rent money, so she's not paying rent, and there was no formal lease agreement. It was very much just a handshake and a "Until I get on my feet" sort of thing.
Thanks for watching, Patrick, that's a tough situation to be in because of the family connection. I'd recommend staging some sort of intervention...and help your mother-in-law find the next place to move to. You can, but probably don't want to, get an eviction attorney involved. Good luck!
@@WIREassociates Thank you for the response! We've done the whole intervention thing. We've helped her look for work for literal years now. We've given her over $10,000 in aid just so she can pay her bills, before she moved in. The time for help has come and gone unfortunately. She's a cold, cruel woman who lives off her children and won't support herself. And now she's living in my house and I can't evict her lol. So we're very much okay with getting an attorney involved and just ending that relationship.
We have a live-in employee who's contract was terminated on 5/22/20 and has refused to leave or sign a lease/or pay anything. She did not pay anything for room & board while she was employed. She is residing in the home alone now. She can be evicted since she has no lease, correct??
We have a triplex in the north hollywood area. My wifes father just had a heart attack and we are looking at moving back into our rental to provide some help and support for her parents. Is it possible we move into our main house, move a tenant out of one of her back units, and move her brother into the 3rd unit? We would like to provide the space for our family while my father in law heals up, Or is this set up to have everyone moved into one unit?
Technically, moving into a rental (or having a family member move in) only applies to single family homes and condos, but not duplexes or bigger. You can always run it by a good local eviction attorney. The other route would be cash for keys: ua-cam.com/video/VxJH3Vqezpc/v-deo.html
We are occupying a duplex that just got sold . New landlord wants us to vacate one side and live in the other. Unfortunately we don’t fit in one duplex. Do we have to vacate one side?
If you're in California, then most likely no the landlord can't ask this. Here's the latest video on AB 832: ua-cam.com/video/FF2i4yQFlWY/v-deo.html You should discuss with an attorney by searching for Legal Aid in your area or visiting lawhelp.org.
Make sure you watch this latest video because AB 3088 was replaced by SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html The short answer is that they should know them, especially by now, but definitely have an attorney in your corner to help!
Clarification: I'm seeing on other sites that note landlords need to provide 15-day Notice + Declaration to tenant by 9/30 for unpaid rent from 3/1/2020 thru 8/31/2020, or lose out on rent due between 3/1 thru 8/31, and unable to start the eviction you noted on 10/5/2020.
Go with what your attorney states, but there is a special notice required for this time period (different from the 15-day notice) that must be delivered by 9/30. That eviction on 10/5 is not for nonpayment of rent due to COVID-19, that date is for other reasons for nonpayment of rent. I know I wasn't very clear on that and am releasing another update video. 😃
@@WIREassociates understood. Just wanted to clarify that if the 15-day notice is not received back from the tenant for non-payment for the 3/1 thru 8/31 period. Evictions can initiate starting 10/5, correct ?
@Felix Liu I may be misunderstanding your question, but if the tenant does not return the *Declaration* for the 3/1/20-8/31/20 time period, then you can start an eviction. But the tenant can still perfect this in court...so it's not a guaranteed path for a landlord.
Sorry, I don't have anyone in your neck of the woods right now, but this link has information on Landlord Associations throughout your state. This is the best place to go first www.thelpa.com/lpa/associations/oklahoma.html
Hi, purchase a house, the tenant who was renting the house with the seller was given notice 60 days to vacate. He has moved his family to Arizona in October, but their furniture, and all personal items are still at the house and won't move it out. What do I do as the new buyer, owner to get his stuff out a month later?
Reach out to a good eviction attorney for legal advice. You can turn to a local apartment association to find one. This link will also give you information on abandoned personal property: www.nolo.com/legal-encyclopedia/handling-tenants-abandoned-property-california.html
Good question! There are no differences in AB 3088 or the CDC Eviction Moratorium related to age as far as I know. Be sure to reach out to Legal Aid for help!
Great video much needed information. I have tenants who no longer want to pay rent this month. How do I start the process if I want to have my son move in? The contract is month to month. With a 60 day notice what would be the proper language? Also, within those 60 days if they do not pay anything how would that go? Thanks!
Thanks for watching! I recommend finding a good local attorney to help with the proper notice, because it matters more than ever that all steps are followed. If the tenants have been there longer than a year, then a 60 day notice would be sufficient and it would need to state it's for your son to move in. If they don't pay rent, then that's a separate eviction process and if they claim they can't pay due to COVID-19, then this route could get stickier. Might be faster/better to go with the 60 day notice and your have your son move in. Good luck!
Minimum? $100,000 is the minimum, but in some areas it is higher depending on the median income...I have a link at the bottom for all the county values.
You need to reach out for legal assistance for guidance. You can find free or low cost legal assistance by looking for Legal Aid in your area and/or visiting lawhelp.org. A good local attorney will help you understand your rights in your specific situation. Also, here's the new law that replaced AB 3088, called SB 91. It's set to expire at the end of June, but may be extended. ua-cam.com/video/ifO_Kz54lTg/v-deo.html
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.
Short answer is maybe not, if the tenant fights back to say it wasn't sufficient notice. I always recommend delivering proper notice even with a mutal agreement. Definitely need to have an attorney to sort through this one.
I have a question? I have 2 houses on one lot. My son lost his job due to a kidney condition. I gave my tenants a 60 day notice to move out because I want my son to move in to one house and for me and my wife to live in the other to help him out. One tenant moved out already, but the other is a ver old guy and as soon as I gave him the 60 day notice all of a sudden he decides to get hip surgery. Can that slow down the eviction process? Keep in mind my son needs a transplant and a place to live? What can I do to take back my house and move in quicker? Or will the tenants hip surgery make the process longer and give him the right to stay in the property? Thanks!
Reach out to a good local eviction attorney ASAP. Technically, the no fault just cause termination of tenancy to move in does not apply to two on a lot (duplex), unless your attorney determines otherwise. You can also try cash for keys. BTW, here's the updated version of this video that discusses SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
I have tenant that is in violation of his lease agreement by allowing someone live on property that we initial banned from the property. We also have concern that property is being damaged by seeing all stuff there hoarding in yard, Lastly the lease expired in end of July( 1 year lease) We gave him till end of Sept to move as courtesy (served 30 day notice) being that he is violation of his lease. He now claims you can't evict me and im not longer paying you rent as Oct because he is supposedly falling on hard times. His rent is not late and he receives pension and social security which both were not affected by covid 19. I have both award statements and pension I called and he still receives it. He is just making excuse and take advantage of covid pandmic so he can stay longer in Apt. Do I proceed with eviction , I really want him out he is hostile, aggressive, I can't even speak, he ask to speak to man lol, false accusations saying elder abuse, discrimination, all of sudden there is mold. He is one worst tenants I have ever had. He also claims he didn't receive all letters sent . I have certified letters and tracking system that list date and time delivered as well mailman verified as well, he also was texted the info and voicemail left mailbox about letters. He has a locked mailbox so he can't say it was stolen or whatever. This is kinda games he plays- so frustrating.just leave my apt I will gladly take it back. In letter I sent there no mention nonpayment rent because he wasn't that's not why he is being evicted its because violation of lease agreement. Technical do I have to even give him a notice if he is violation?. I gave 5 days to fix it and he didnt. He said she is living at property and your discriminating against her because she is disabled. I don't even know what she is disabled from so how can I discriminate. Plus other 5 resident are same age and receive ssd and wonderful tenants. Just want make sure crossed my "t" and dotted my "I" before I start evication on Oct 1st
You definitely need to reach out to an eviction attorney for assistance ASAP. With AB 3088, this is not a time to try to evict on your own. In this case, it sounds like the tenancy can be terminated for the unlawful subleasing, which would allow an eviction, but you really need an attorney for guidance.
Run it by an attorney to make sure you can do this in your area...some local moratoria prevent this. If allowed, a 30 da notice would be if they occupied for less than a year. 60 day notice if longer than a year. The attorney will make sure you use the correct form.
Can you save on rent money in the inland empire if you eat tiny portions of home cooked meals that'll last us 4 days if my husband is the only person that works & im pregnant. But i want to work once the baby is born so i can help him pay rent .
My tenant paid me 50% of rent for September. That wouldn’t roll over for next month would it? For example, would the $800 I just got go towards the $2,000 total (25% x 5 months) or does each month stand alone? Thank you for the great informative content!
Thanks for watching! That's between you, your tenant and your attorney to decide. You will probably net more rent money by January 31st if you treat each month on its own, versus just stopping at the $2000, 5 month total.
If I ever become a landlord I'm sticking with a Price and not raisei g and treat my tanit fare not like other landlord as s holes that do not give a dm about them
Make sure you watch this latest video because AB 3088 was replaced by SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
Can i have your office number.
@@antoniovides3093 www.wireassociates.com/contact/
Is it enough to give a letter of termination of rent to a tenant Giving the 90 days ?. Because they have their room felty and odor coming out of it. . And they been verbal abusive?.. or the letter have to be from the court eviction?. ..
@@mbec9314 Depends on where you are and if there is a local moratorium in place still. You should reach out to a local eviction attorney. Here's a recent video on the 60 day notice that may apply - ua-cam.com/video/4o_wxdas53A/v-deo.html
@@WIREassociates thank you.. I live in San Diego California. And there no more moratorium here I think... After my personal letter. If she doesn't leave . Can I file for an illegal detainer?
Best video on these evictions to date! Not just from this channel but from all the channels I've seen, no one has a better, clearer breakdown. Thank you! Likes and shared multiple times
Thanks for that!!! 😍
Thanks very new to this channel. I must say only 1-1 1/2 hrs. I’m in Love with the info I’ve heard so far I smarter and I’ve never subscribed to anything well like this. I said that to say this…. I hit the subscription w/I first 5……oh and that is Minutes!!!!
Welcome aboard! 😀
Why is it that throughout the entire covid crisis, landlords are the only ones being forced to provide a free service?
Maybe because it is political
@@eugeniabersano6055 Good point. Going by numbers: most folks are renters, so if politicians get the vote, they win.
Keep up the great content! 🤙
Thanks for clearing that up. Tenants should pay something. Dead beats must be evicted, housing isn't free.
Riverside county not processing ANY Unlawful Detainers until further notice, thereby putting Mom&Pop Landlords OUT OF BUSINESS. You thought residential rentals were scarce before...just wait.
truthbknwn what a nightmare .
But it makes sense , they want the private housing sectors to implode.
riverside co sucks,sorry.
Always look forward to your videos, keep killing it!
Thanks for watching Ed!!
THANKS FOR THIS VALUABLE INFORMATION, VERY MUCH OBLIGED!
Great video keeping it here for the latest
Thanks for the great info!
You bet! Make sure you watch the latest content on the newest eviction law in California, which is AB 832: ua-cam.com/video/FF2i4yQFlWY/v-deo.html
Thank you so very much, Christian! Great video! Keep them coming! Be well!
Thank you
WOW - a lot of detailed information! Thank you for outlining this process, I am sure there are a lot of questions as there are many aspects to this act!!
Thanks for watching, Jill! I know, it's a big bill...do you have anything similar in Denver or is your state going with the CDC Eviction Moratorium?
@@WIREassociates Colorado is going with the CDC Eviction Moratorium. The governor extended orders requiring landlords to give tenants at least 30 days notice before going to court. Tenants can be evicted if they are behind on rent, even if their failure to pay is a result of COVID-19 economic hardship. Landlords can charge late fees and raise rents.
Good to know...have you done a video on it, yet? 😃
@@WIREassociates No yet! Maybe soon!
Excellent informative video and well presented.
Thanks for watching and the kind words! 💪😃👍
New York the time is here so hope we all make it out of bad times.
Thank you. I’ve been depressed because I couldn’t find out basic info about this subject Covid. I’m so sick of California I just want to sell my little rental investment and move.
Thanks for watching and glad I could provide some answers. There's a lot of landlords with similar feelings right now, unfortunately! Feel free to reach out and discuss how you can do a 1031 Exchange out of California or into a different asset type.
Thanks for the update.
I’m a landlord and my tenant are verbally abusing each other, and my kids are witnessing this behavior. Do I have the right to give a 60day notes? Please help! I have children and they question me “why is this happening. “
Sorry you're stuck in this situation! You may be able to evict, but you'll need the guidance from a good eviction attorney. This behavior could potentially be declared a nuisance. You can find a good eviction attorney at your local apartment or landlord's association.
Great info ! I've hired an eviction attorney a few months back, but it's been a slow process. Hopefully now with AB3088 will get this tenant out.
Yes, before AB 3088 it was nearly impossible, but as tough as the bill is, it does finally allow landlords to have some control over their rentals again! Thanks for watching!
why don't you ask the government for landlord assistance? people dont have money to pay rent and there are no jobs, and good luck getting a new tenant lol
@@aishacabrera5109 the tenant IS working, collecting from EDD, has an 18 yr old son who is also working. She's taking advantage of this covid nonsense as she has never proved in writing her income came to a halt. And BTW, I will be the new tenant as I told her back in January why I wouldn't be renewing her lease. She's loser and a squatter.
@@STRAHAN50 I understand. I'm behind in rent, but that's cause the $600 unemployment boost ran out and it looks like it won't be extended. I did show my landlord what I'm making now too $153 a week and he went ahead and sued me for back rent. I have no sympathy for greedy landlords mine is a millionaire, not mom and pop.
very well explained, thank you. especially from the view of the landlord & or the tenant!
Thanks for the kind words and watching!
Hi. City came out and said that the people in the garage, needs to move out, but they are refusing to move out especially that courts are not taking any unlawful detainer at this time I gave them 30 day notice 3 day and it's just really crazy with them ,making my life miserable in my own,house 😡
Definitely reach out to an attorney for help...this appears to be a valid reason for eviction and courts are open to these in most areas (unless a local eviction moratorium is in place). Your attorney will guide you.
in California For tenants that ARE paying their Rent in Full and On time as per their lease agreement and they are on a month to month signed lease agreement , can landlords subtly or blatently harass them or instigate others; like neighbors or friends to harass them by subtle or blatent means to try to get a tenant to move out? Basically make it to where tenants feel so unsafe and /or not at peace and quiet in the home they are renting to where they feel like they have to move out?... Like if a landlord made a bad investment buying a rental property and got in way over their head and they have to double or triple the rent on current renters so will try anything to get them to leave?
literally what is happening to me man ... i pay rent on time here in CA , in rent, for a studio to some snobs next door who make me feel most unwelcome and have had neighbors harrass me and my people etc for just living ... now 7 months in year lease telling me to go ... craziness
Landlords cannot harass tenants and a legal aid attorney should be able to help determine what is harassment and the next steps, here's a video I did on finding help: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
@@WIREassociates HI. Thank you for putting out these informative helpful videos.
We know that you cannot give out advice from a legal perspective.
We appreciate links you share so that we can try to do this:-)
* We just watched the video about what Landlords CANNOT do in terms of Harassment.
WOW!~ Our landlord has done all of this and more.
We're on a month to month lease and pay on time and in full no matter how difficult this . We even applied for a rental assistance program and they said the ONLY reason we were denied was because we were actually PAYING our rent. That the program was for people who are NOT paying their rent and need help to do so.
When you mention the part about Landlord Harassment- Ours has done the late nite texts, the emails, sending other people here inside of this gated condo complex to stalk and harass us and our dog, come pounding on our door, scare and intimidate us, spy on us thru WIFI electronic keypad door lock, leave realtor lock box on the door, and the latest is to try to blame the property management company who is already very lax as it is by telling us that "someone" complained that our Service Dog ( Legit)- 1 of us is disabled, is more than the 25 pound 'pet' limit and they want the landlord to demand from us our dog's certification from the ADA. We know all of these things are illegal and we have contacted the Police, the Property Management company and the Security people here but we are scared that she might hurt our dog or get someone to do it. The landlord has said in email that they want to rent this place out to someone who will pay double or more than double the rent. There is no just cause for any of this other than greed. * Btw, we know no one at the Property management complained or even cares about our dog or any one else's dog; service dog or otherwise as more than 1 of the Board members live on site and they have large breed, way over 25 pound dogs and none of them are legitimate Service dogs. Basically landlord is trying any and every blatent and subtle means to make our lives unpeaceful, stressful and now scary just to get more money. We have also been talking with Legal Aid. Are there any other links or recommendations you can share with us of who we might contact at this point in time? Thank you
@@the_dog_goddess Thanks for watching and sorry you're stuck in this situation! You're definitely on the right track by speaking with legal aid and getting an attorney involved. You can also see if there are any attorneys focused exclusively on tenant representation in your area. The other thing that would be helpful is to draft a timeline of events...just the facts and when they happened, for example, "landlord texted at this time at night, on this date and sent this message." This will help the attorney establish a case. Good luck!
Thank you 🙏
I been able to move out bad non paying renter by giving him 60 day notice, telling I am going to move to property myself. He moved, living me destroyed property with unliveable condition, that may cost up to 100 000$+to fix it up
Very sorry to hear that's how it ended up!
I am in my 70s, do not work and own one sfh and now am supporting myself plus renters. This was a significant part of my income and now have no choice but to sell the property. It was advised to Mark's posting to give the NTV after you have a signed agreement but that assumes the renter gives some kind of access in this Covid era. You have often recommended to use a good attorney and that you could help with that if need be. Where would I find your recommendations as I am in San Diego county.
I am very sorry you're stuck in this situation! Feel free to give me a call or email (info at the end of the video) and we can discuss a few strategies. Search the AOA site for a good attorney in your area, they have a San Diego branch - www.aoausa.com/
I think you can ask for forbearance and possibly get your mortgage put on the back of the loan. I think you are also protected from foreclosure as well from the cares act.
Im a master tenant. My tenant poked me in the face. I filed a police report. As i was posting an eviction notice on his door for nuisance and violence. He opemed the door. Tossed my notice and kicked me in the back. A police report was filed. 3 day Notice? I want to get a restraining order first..... what do you think?
Wow, very sorry to hear that you're going through this situation! You need a good attorney ASAP! My non-legal opinion is to get the 3 day notice delivered as quickly as you can. Work on the restraining order as well, but don't let that slow you down on the 3 day. The restraining order will act as further evidence for the unlawful detainer. Good luck and stay safe!
Great video..thank you for thr info
Thanks for watching!
It should be Fair and fair
Thank you so much for your help god bless
I'm so happy that I found your channel. It's very informative that's put into simple terms! Can you please let me know if a 15 Day Notice To Pay Rent or Quit is the same language used for a 3 Day Notice To Pay Rent or Quit, in California? Thank you
Thanks for watching, Elvira! The 15 day Notice has extra bill-mandated language, that would be different from the old 3 day pay or quit. We offer a sample to download below with the language from the bill, but it's not meant to be used and needs to be reviewed by your attorney. Some landlord associations like CAA and AOA offer ready to use forms.
@@WIREassociates Thank you. Vicktoria, from your San Diego office was also helpful and highly experienced in answering some my questions this morning!
Great video! Can you please update this video?
Thanks for watching and the kind words! Yes, my next big update will be closer to the end of the month when we see what the extension of AB 3088 will look like.
I asked this on your most recent Santa Ana video but it is more suited for this and I think landlords and tenants a lake would be wondering this:
Thank you!!! I have a question that other people probably have come across and I was asking my apartment complex about it but never got an answer… I was paying as much as I can during the memorandum and I only had to pay 25%… This month I was short and got a late fee and if I don’t come up with the money will get an infection notice so it was really stupid of me/they never answered me but if I knew I would’ve only paid 25% and saved the money so this wouldn’t happen!
Would it be reasonable for them to use the amount over 25% that has been paid to cover the amount I was short this month because I am probably at about 75 or 85% paid for the Covid months.
Technically I’m ahead of what I owe but I’m short THIS month…😟
How about the tenets are not paying rent and are breaching the contract being a nuisance and are doing criminal activity
Reach out to a good, local eviction attorney...this would be allowed under AB 3088 as an at fault just cause termination of tenancy.
A tenant recently told new landlord that just took over that she, the tenant, damaged an area of the rental property during the time with previous landlord and now ask the new landlord to repair. Did she violate the San Francisco's law of damaging the property, with new landlord?
Hmm...definitely discuss with a good local eviction attorney to see if the damage is enough for eviction. Also see if the previous landlord knew...that should have been disclosed to you.
I have rented a house in Modesto California for 7 years this Dec 2020. 1 year lease was up 6 yrs, so I am month to month. And I pay my rent. Landord decided to redo hall bathroom, basically so he could raise my rent. But he didn’t instead he said I’m going to rent out a room and hall bath to traveling nurse as March 2020 when hall ball was completed. He advertised and rents room out with out my conceit. After this 3 nurse, I said no more renting out a room. Due to my health and safety. I will pay full as per on my month to lease with only my name on as tenant. How do I handle this, he is in the wrong...?
Very sorry to hear that...he is definitely in the wrong, unless there is a provision in the lease that allows this (which I have never seen). You'll need legal assistance, I recommend reaching out to your local Legal Aid office ASAP!
NICE MAP
Just released what felt like PRESSURE the biggest sigh of relief (life’s changes). Thanks for several reasons that can be explained/shared or talked about at a later date/time. But now Feeling comfortable however STILL with High antenna alert….information stage is important to me. In my 60’s yes yes 60+. I have SOCIAL ANXIETY (inherited). Never before had a problem a need to or thought it would be a part of my DNA, WELL…….so is there a way I could ask my question in a different environment (until I’m able to share with others)
You can reach out here 👉 www.wireassociates.com/contact/
Good morning my dear Sir,
I am so glad I ran into your channel
I spent day to find the legal means to advic a month to month Tenant who has decided, without a convent from Landlord to have her Boyfriend spent every single Weekend ( Friday through Monday Morning) staying at the Rental Property; even when the lease specifically stays that previous permission from landlord
She’s been asesores verbally of this violation of the lease; Unsuccessfully
What to do ????
Help !
Thank you
Thanks for watching! You'll definitely need to discuss the situation with an attorney. For free or low cost legal assistance for tenants there is lawhelp.org. For landlords, a local landlord or apartment association will have recommendations for attorneys.
Thank you for your prompt response, also , sorry for the grammar I didn’t had my glasses when I write my comment (question) on your video,
Your help it’s greatly appreciated
California always making your life Harder!
Why is it that the courts only hold on to unlawful detainers right now, but do not process them? Thanks for the clear explanations in your videos!
What is the unlawful detainer for? If it's money related (not paying rent), then they are waiting until 10/5/20 to start on those...and it can't be for nonpayment of rent due to COVID-19.
@@WIREassociates It is not rent related. Lease ended and tenant stayed. San Joaquin County Court does not issue summons for now even though I provided the supplemental cover sheet clearly marked as residential and not related to non-payment of rent. Thanks for responding.
A good local attorney should be able to help with this. Is there a local moratorium? That could also delay it.
@@WIREassociates Thanks. In general, if the tenants violate the lease terms in all kinds of ways (staying after the lease ends, leaving garbage/debris on the front lawn, making unauthorized alterations on the property, soiling floors and driveways), can they still invoke COVID protections or is each situation different?
Actually it's yes to both, in my non-legal opinion. They could stop paying rent due to COVID-19, but with an attorney's help you should be able to evict based on an at-fault cause. Definitely consult with a good attorney.
Great video! Thanks! Btw you remind me of Woody Harrelson.
Haha! Thanks for watching...I've been getting that a lot lately. 😃 I can't wait for the day somebody tells Woody that he reminds them of me. 😂
WIRE Associates My wife and I are mom and pop landlords in LA and appreciate your knowledge and info on the subject.
@@mpphotofilm I appreciate the kind words and you watching! I'll keep the content coming during these crazy days. 😀
$450.00 an hour for Attorneys.............just great.........I'm moving out of this California....I hate Alameda Co.... only a Fool would be a Landlord after this....My Tenant works for Attorney. I'm getting screwed every possible way...
Can we evict a tenant that is not affected by Covid, and do I have to give her the declaration paper?? Thank you, I love how you break everything down!
Thanks for the kind words, Kelly! You'll need to run it by a good local attorney. You'll need to make sure it's an eviction for just cause. If it's NOT for nonpayment of rent due to COVID-19, then you wouldn't give the declaration.
@@WIREassociates Thank you!! ;-)
Please reply.
I am living in an apartment for the last 12 years in Alameda Country California. Initially, I was on a 1-year lease but a few years back owners sold the property to another property management company they did not renew my yearly lease and put me on a month to month lease now this new company again sold this property to another property management company. They also kept my lease month to month. In my community, there are 10 buildings. 9 buildings are 2 floors and have 8 unit in each building with 2 BR. and 1 building has 3 floors and has more than 40 1 BR units in it. Now Property management company has started remodeling all the units by keeping the outside structure same bit from inside they are changing the whole floor plan from 2 BR and 1.5 Bath they are making 2 BR 2 Bath with Washer/Dryer in each Unit and they are forcing Tenant to move out by not extending their month to month lease and while the tenant lives in their unit Company started remodeling by tearing down whole adjusting unit from inside they have broken all the wall, ceiling and change inside structure totally while the tenant is living in adjusting unit. All remodeling work started for more than 3 years. Existing old tenants constantly being disturbed by big noise during the day even it was continued during the Covid-19 pandemic. They try everything so the old tenant moves out. They do not offer any compensation to the old tenant and force tenants to move to their upgrade unit with much higher rent by giving 1st-month rent-free.
They started their remodeling work in my adjusting unit and obviously, they made very big noise while tearing down it from inside. They called me last month and told me that there is a Gas leak in your unit and now you have to evacuate your unit within one week. I asked them to give me written notice about the gas leak and what kind of solution you offer but they are not giving me anything in writing. Also, I asked them that you want me to move out for remodeling then give me 60 days' notice but still, they have not given me 60 days' notice. In my unit all the surrounding units are empty and they are doing heavy remodeling which requires more than 3 months to complete. It creates dirty surroundings, heavy noise, and sometimes heavy shaking. They call me frequently and asking me in which upgrade unit you want to move and when you are moving, it is kind of harassing. They do not follow any legal path not giving any compensation for violating my "Quiet Enjoyment" right. Also not ready to give me in writing about Gas leak and not giving me 60 days' notice.
Could you please let me know what are my options as a tenant? Are they allowed to do whatever they want to do as I am not month to month lease and they are the owner.
One thing I paid all my rent on time.
I can't give legal advice, you'll need to find a good attorney, here's a video I did on free or low cost legal assistance ua-cam.com/video/Duj34Dx9fbA/v-deo.html
My non-legal opinion is that this may be harassment. They also probably owe you relocation fees under AB 1482. An attorney will help!
@@WIREassociates I really appreciate your input. The most important thing is that you are reading comments on your video and you are showing the path and you are guiding the people. Thank you very much for useful information.
@@ashish74 Thanks for the kind words! Yes, if I can, I'll try to send them in the right direction!
You are clearly being treated terribly by the owners & Your rights certainly appeared to be trampled upon consistently. 🙏🏽🙏🏽 for what is right & honest in Your situation. Many blessings for Your humble patience during all of this. It took A lot for You to share all of that personal struggle so thank You for doing that. May Your success in this make it so no one else have to endure it😊
I live here in Santa Barbara , CA - where I have a 'year lease' that is up in FEB 25 th 2021 , yet my landlords gave me a notice on Aug. 4 saying 'they will not be renewing our lease' like 6months in advance... is that legit / legal in these times? And they make me pay them in cash not via check... super shady, given them over 10k in cash in last 7 months and now telling me to leave when I have done nothing wrong... about ready to stop paying them!
Hmmm...that is a very long notice time about not renewing...you can consult with a legal aid attorney to discuss. Your lease should specify how you can pay rent. With all cash payments, you may want to ask for a receipt each time so that you have proof of payment.
I'm in a situation where I took ownership of my Sister's house as we owned the home jointly and she passed away on 6/15/20. She lived in the property with her boyfriend and he paid the mortgage payment in June and hasn't paid anything since as he wanted me to agree to give him a portion of the sale of the house, which he has no legal right to and is only doing this so that he'll continue to make the payment in return for a portion of the sale. I have made the mortgage payment in July, August and September and he hasn't offered to pay anything so in essence, he is squatting. He is also gainfully employed and is a general contractor who is good at what he does and works consistently so he couldn't claim a financial hardship due to Covid. The last day he has to live there based on the eviction notice is 10/13/20 and I'd like to know if I can still evict him on this day or if I should wait?
Wow, very sorry you're in this complicated situation! You'll definitely need a good attorney to sort through the details and find the best path, but the short answer is that you should be able to get him out with proper legal assistance.
WIRE Associates thanks so much for your response and I’ll seek appropriate counsel to get this handled effectively.
Good luck with this John. What a scumbag he is trying to take ownership of your house. Please keep me posted on how this goes if you don't mind.
Yeah it’s pretty bad but his day’s coming soon so thanks for the like and the comment and I’ll definitely follow up and let you know how things turn out, take care!
Im this scenario but as a buyer intending to occupy.In November we entered into escrow with dec closing date. Seller gave tenents 60day notice prior to sale.Tenents had stated theyd be out by end of nov. Owner checked on after end date and tenent said nevermind cant find place you cant evict because of moratorium ( note tenents payed rent up until december after incedent stoped paying ) december came and we couldnt close due to this.we are still in escrow waiting.tennents were offered cash for keys they declined.tennents were offered help with relocating with a property mgr they declined. Tennents are still there we are told eviction service has been hired and they are waiting for january 31st
If they decide to go to court is it likely they will be forced to vacate? The non rent is not why eviction. They were given notice to move prior to sale and agreed and we are almost 60days past origional escrow closing date. Tenants lack of comunication also put us in a bind as we had put our notice in to our landlord and jobs we were moving.also we just cant move on
House retails for simular homes kept inflating and are 25k more now than what we are in contract for
Sorry you're stuck in this situation, I literally just did a video on this topic: ua-cam.com/video/zLc6PSSx2FE/v-deo.html
The 60 day notice before escrow probably wasn't valid...an owner can't terminate a tenancy just because they want to sell. The 60 day notice to terminate tenancy should have gone out after you were in escrow and the reason for the termination would have been because you as the buyer are moving in. This is an acceptable "no fault" just cause reason to terminate a tenancy under AB 3088 (unless there is a local eviction moratorium that prevents it). Has a lawful 60 day notice gone out yet? If so, an unlawful detainer can be started after the 60 day notice if they don't move out because this is now an acceptable "at fault" just cause reason to evict.
@@WIREassociates
To my knolege it was a month to month over year and 60day was given in Sept prior to escrow in late Nov.
When we 1st bid late Oct we gave seller 60days for tennant but seller counter offered and wanted to close in 30 plus short turnaround time on inspections etc so we agreed and met thier needs.
After dec 9th closing date passed
We rolled into a standstill waiting.We sent sellers notice to perform and they started evection prosses january 2nd and we signged an extension till jan 31st.
I wish i had more details or control but as the buyer its not under my controll and its frustrating.At this point were not walking away from property tho if anybody breaks contract it will have to be sellers.
We lost to much oportunitys and value on other propertys because we comited to this seller.
And thank you for replying and link to video.We are gratefull and admire your attention to detail and explaining clearly .
Good luck and stay in the deal...you'll get there! Keep me posted!
Excellent information regarding AB-3088. I needed a point of clarity. You mentioned three exceptions for No-Fault notice to vacate or eviction. The first exception you stated was the property was being sold. Does that mean the property would need to be currently under contract OR the owner is just stating he or she will be selling the property? I was under the impression the property would need to be under contract at the time of the NTV.
Thanks for watching, Mark! I'd run it by a good attorney, my non-legal opinion is that a landlord should wait until there is a signed purchase agreement with a buyer who is going to occupy (and all contingencies are removed) before giving the appropriate notice.
Thank you! How do I get the blank declaration?
You can download a sample here www.wireassociates.com/ab3088/
How do the monthly declarations/notices starting in Sept need to be delivered? Is regular mail of, certified mail, or do they need to be served by a process server?
The rental agreement may specify how notices are delivered, so first check there. The bill doesn't specify as far as I know. Ask the tenant. They may be fine with email, but get their approval first. If they don't respond, then I would go in typical notice serving order: 1) direct service (knock on door and hand to tenant), 2) substituted service (give to another occupant if tenant isn't there), 3) post and mail (hang on door and regular mail a copy). Good question! I might have to do a video on this...
Under No Fault a Tenant can be given a 30/60 day notice for significant rehabilitation to the premises without a court order as long as Permits are provided for repairs...
Thanks for that, Larry! Some local moratoria still won't allow it, but that's good to know. I'd still recommend running it by a good eviction attorney...if they say yes and are willing to defend the practice, then go for it.
Landlords" Can we get relief? Government: Shrugs shoulders, Smokes cig.
I want to serve my tenant a notice since they left out of the country 3 weeks ago, hasn't paid rent, or informed me that he was leaving or missing another payment. Does he need to provide COVID related proof along with the declaration of proof, and if so what would he need to fight the eviction? Love your channel, Thank you!
Thanks for watching! You'll need to run this by a good local attorney. Is this the first payment they missed? You'll need to give the 15 day notice and a blank declaration. If you have proof that they are high income (form their original application), then they will need to provide proof. Otherwise, no proof is required.
@@WIREassociates They have not paid rent since march, and they are not high income but they did receive unemployment plus the $600 a week covid relief.
In this case, AB 3088 does not require the tenant to submit any proof, they just need to sign the declaration.
@@raymundoreyes4126 what city do you own property?
In Texas that's call abandonment. Go in, do a landlord's lien on applicable items and if he doesn't show up move everything into storage and rent it out. If that's illegal where you're at you might want to consider moving to Texas.
My cousin has a roomate who was a nuisance ,pooped on rugs on purpose , was violent on purpose, and got 5150d. Do they have to let him back in after he was committed? His mother got his belongings but my cousin is scared that he'll come back . Evictions in Cali could be stalled until March. Can't they just not allow him back in and ask him to take them to court? They have footage on camera of him doing nonsense.
Since his belongings are out, then you probably don't have to, but definitely reach out to a good attorney ASAP on this one and good luck!
I am watching this
Thanks for watching, bud!
My tenants lease expires may 31 2021 can inonrenew and get them out.
Run the lease agreement by an attorney, but that is correct, you don't have to renew the lease and they will have to move out.
Can the landlord's son, who is watching the rental property, raise rent due to their family financial issues. The original landlady is not doing well and her adult children are splitting the monies 4 ways. We're buying a house, but due to the pandemic and not to mention the fires last year, the construction was delayed. We mentioned this to the Son, and he stated rent just went up. Verbal agreement only. We've been here for 23 years now and not been late nor missed a payment. Is he in the right for raising rent? Can he also without notice to bring in a Realtor to take photos of the house?
You should reach out to Legal Aid for guidance on your rights. Some areas have a moratorium on rent increases right now, so you'll want to ask Legal Aid about that. If the area allows increases, then , No, a verbal increase doesn't work...it needs to be in writing and needs to be a 60 day notice for the increase. Yes, a Realtor can access for photos, but you need to be given proper notice...I discuss in this video: ua-cam.com/video/3tVrf_IUel0/v-deo.html
Can you be evicted if you are paying rent? For example if the landlord dosent like the tenant? Because before the pandemic there weren't that many protections stopping landlord from giving notice to their tenants.
Great question! That is one of the big changes that AB 3088 brought: landlords have a very short list of just cause reasons to get rid of tenants. Agreed, there were not many protections before the pandemic - AB 1482 brought some, but many properties were exempt.
I inherited tenants from a good tenant but they failed to tell me they had sub tenant can I make them fill out a rental application even after they have been living at my rental paid on time never late. They insist they don’t have to and want to continue paying rent. In California
You'll want to run by an eviction attorney and review the lease for what is says about subleasing. You probably are within your rights to request an application.
my landlord recently bought our building... and is doing a bunch of renovations... one big item is the entire flooring of my unit. we just received a termination of tenancy. no fault . after i sent my declaration of hardship.. prior to this in conversation he said he was investing inn the property to get an equity loan to buy another building he never mentioned he wanted to move im.. he lives in west L.A.. is quite wealthy and i feel that his reason to terminate and move in is untrue.. we in the run down hood part of San Bernardino. i heard him discussing doing some major remodeling to my unit with a contractor a couple of months ago... i think he dislikes us bc we are poor, hispanic and have kids... Since he bought the building he has had contractors constantly coming in and out of our unit and we have always cooperated . there is another hispanic tenant with a kid but they bought a houshouser and are moving soon.. the 3rd hispanic tenant complained about the contractors too. the only tenants that have not complained are our white neighbors... I feel that he is retaliating for me submitting the declaration and is disingenuous about wanting to move in. my unit is the largest and of the four and the most costly as far as rent goes. we also never received the notice of tenant rights per the new renters protection law of 2020.. what are my options... i cant afford my rent right now much less a lawyer but i do want to correct my past due rent. my hours were cut by 50% and my expenses gave gone up now that my kids are home 24/7.
Any advice?
You definitely need to reach out to Legal Aid for legal assistance ASAP!
What did the Notice of Termination of Tenancy say for the reason? Does it say major repairs or landlord moving in? Major repairs usually means that permits have to be pulled, which wouldn't be the case for new flooring. You'll want to show this to Legal Aid, plus a copy of the lease. Did you receive the AB 1482 disclosure? He would owe you relocation assistance as well...a minimum of one month's rent (higher in some areas). It doesn't sound like this landlord is following the law, but Legal Aid will be able to sort it out.
@@WIREassociates he states that he wants to owner occupy... doesnt acknowledge major renovation. the thing is that I am in fault I haven't paid my rent by serving this type of notice he bypasses my protections for the covid-19 it's retaliatory because of me submitting of my Declaration of hardship it's been really confusing he's had a property management company that he fired after I gave them the same Declaration of hardship and a partial payment for my rent I think he's being an unfair and this is his business practice he's a property developer and if when you see his LinkedIn account that's what he does for a living... he has no intent of moving in and making this his home he just wants me out so he can you upgrade my unit and rent it for a much much higher amount which is violates the renters protection that I have asserted
He can use that as an excuse, but see what Legal Aid says. Based on what you told me, it does seem unlikely that he will be moving in...maybe a judge would call him on it if it goes in front of a judge.
@@WIREassociates Thank you so much. I've been in tears for two days... i will email my local legal aid tonight and seek their assistance. funny thing i found on hos linked in resume is that he specializes on evictions... but his experience is all pre-pandemic... Wish me luck.. and may God keep you and yours healthy, satisfied and happy.
Are you for the owners of properties? If not I have a question about some slumlord shady real estate owner. Im a renter for the past two years now but before that I owned 2 properties for almost 20 years. I had to sale both and split any profit I got from them which left very little. But I was able to pay a years of rent where I am at 14000 for the year all up front. I am now paying month to month for past 2 months starting in sept. . I paid the sept and oct but now I’m struggling. I have 900 of 1200 and I’m late after nov 5th and they want to give me a 100 dollar late fee & now I find out they are raising the rent to 1300 now. This place isn’t worth 1200 let alone 1300. They won’t ever pay to fix anything. I have paid to fix the toilet and dishwasher as well as pat for the kitchen faucet and shower faucets that were rusting out. How can they raise rent and give me a late charge? I don’t wanna use the pandemic to jot pay or let anyone know I was struggling as I’m trying to get my business off the ground and didn’t wanna seem too weak. But now I can’t afford to even move out & they said they would evict me. I just know this shady place will try to get me for something. I do share a wall and had 2 complaints from my tv being in surround sound I guess. Can he raise the rent and can I just pay the 900 and stay? Can he raise my rent and can he expect me to pay a late fee by being 2 weeks late amd not even behind. It makes me so mad that he wants to evict me who will pay. he won’t find a better tenant. I know he will rent out & that he will be screwed over for rent more then likely. What proof do I have to get to hold him off for a couple months at the least so I can figure a plan out to get out of here. I don’t even want to stay knowing what a Douche bag he is and is to other renters.
Sorry you're in this situation! A couple things: Is it a condo or a multifamily building? If it's a multifamily building, then it would be subject to AB 1482, which limits how much rent can be raised it 5% plus CPI (about.7% right now), which would be $1,268.40. Also, some areas have local moratoria in place to prevent rent increases.
As for being evicted, it sounds like COVID is making it hard for your business to get off the ground and for you to pay your bills. Talk to Legal Aid, but this should be a valid excuse for protection under AB 3088, which means that you can't be evicted right now as long as you follow the law. Also, some areas (like LA) have an eviction moratorium as well.
Great video and quite informative. What if I want to talk to you about some issue. thanks a lot.
Thanks for watching! Remember that I can't give tax or legal advice and at best you're getting a non-legal opinion. Feel free to email details to cw@wireassociates.com and we'll go from there...
Where can I find the current cpi rate for Orange county
There's a calculator here, but you have to be a member: caanet.org/caa-updates-cpi-calculator-for-ab-1482/
Im worried I been living in an apt for over a year I been paying my rent on time theirs no complaints from me I’m always working if I’m home I’m sleeping or out of town back south with my family land lord today said I have until aug 31 to move he hasn’t gave me a notice I asked him why is the reason for him wanting to kick me out theirs not reason and he said he has the right my 1 year contract ended couple months ago and I’m on month to month idk what do does he have the right to kick me out with out a reason ? I been all day looking for apts and it’s not gonna be easy 🤦🏻♀️is so stressed out 😫 why me I’m the most quiet one I think in this apts I have 2 jobs I’m very responsible I don’t get it and I’m about to get spine surgery in couple of days I explain but he didn’t care
If you're in California, he can't terminate your tenancy for this reason due to the statewide eviction moratorium, which is now under AB 832. Here's a video on it: ua-cam.com/video/FF2i4yQFlWY/v-deo.html In a nutshell, a landlord is NOT able to nonrenew a lease right now...discuss with Legal Aid in your area or visit lawhelp.org.
I am into the motel business and after the pandemic stop paying rent, and won't leave have filed eviction, but so far nothing is happening, I am in Los Angeles county, and many of them have now cars and phones and ipads for their kids which they did not have before, what are our best options?
It's a tough spot to be in right now! Reach out to a good eviction attorney - Dennis Block or Steve Duringer are two local OC/LA attorneys who I recommend talking to and see if there is anything that can be done...
I need to know if I can be evicted. I was on a month to month lease . Recently the landlord gave me a termination of tenancy, the house is also up for sale, the landlord lives in the front house and I rent a studio in the back . What happens if the house is sold . Am I covered under the new bill.
If the new buyer is going to occupy your unit, then that would be a no-fault just cause example and, yes, you could potentially be evicted. Definitely reach out to legal aid for clarification: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
Hi I was give him notice on Jun to September .90 days to move out but government changes eviction again
Some attorneys are saying that you can stay with the current notice you gave. And some are saying you need to give a new one.
Selling rental home. Contract has always been month to month. They still pay every month too. They have no hardships, but still there 6 months after already handing them a 60 day notice. They are in breach of contract as well. What are my options?
If it's already listed for sale and they are paying and cooperating, then keep moving forward. Depending on where you are (and what your eviction attorney says), if the buyer is going to move in, you may be able to give a notice to terminate tenancy and then move into unlawful detainer if they don't move out (that's what AB 3088 allows).
@@WIREassociates Gotcha, thanks. And with them being in breach of contract currently I should be able to evict them regardless of AB 3088 correct? (Breach = people living there not on contract. Pets are present but not allowed on contract...and garage is being used as storage.)
You should, plus the breach of not moving out after notice to terminate tenancy (assuming notice was lawfully delivered). People not on the contract is also a strong one. Definitely run it by a good local eviction attorney, I don't recommend DIY unlawful detainer in these crazy days.
@@WIREassociates Excellent, Thank You very much for your time!!!
A tenant signed a lease stating he’s the only person occupying the room. After a week, he started bringing his 3 children who are under 11 yrs of age. They usually stay with him 2-3 weeks out of a month…. My question is, can i evict him for that? Also he refuses to pay rent till now, he only paid rent the first month and half of deposit when he moved in. He’s been in the room for 6 months now.
Depending on where your rental is located, then yes, you probably can evict for that, but you need to discuss the situation with a good, local eviction attorney.
WIRE Associates - Christian Walsh rental is in California
Hello I’m Lorraine my husband ANS I ANS out 2 year old daughter rent out a trailer and we always paid full amount of rent not always on time due to cov19 but we always paid rent ANS even the late fees . And we got asked to move because the owner wants it back we never asked why or anything between feel like it’s not ours trailer to ask any questions. If anything they been a big blessing to our family . But the thing is now we are looking for a place . It way harder to get approved for anything . In Lompoc ca . I have to have down deposit ANS the 1 or 2nd months of rent ANS u have pay for them to do a background check. Per adult. And your your income has to be 3 time more of the rent ? With cov19 going crazy rig now . Do we still have to pay rent every month till we move out . Or how long do we have she’s never said really when to move or how long she just said ASAP . So I don’t really no . We lived her going on 4 years started at 750 for rent ANS then went up to this year 1100z
You should definitely reach out to Legal Aid in your area and visit www.lawhelp.org/ to find free legal assistance and discuss your situation. Good luck! Here is a video I did on the newest California law related to evictions, SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
Thank you so much .
I rent a room. The tenant stop paying rent says she doesn't have to. And I can't evict her.
Its the law. She's a RN goes to work every day. Can I evict?
Definitely need to get an attorney involved. As long as there isn't an eviction moratorium in place still (like LA), then you should be able to evict, but you'll have to follow the letter of the law and that's where the attorney will help.
There should be a law that all landlords must put all rent paid to them by the tenant/investor into a high interest bank account, when the Tennant/investor moves out or is evicted the landlord should have to pay back every penny the tenant/investor invested into the property, the landlord keeps the interest.
If the landlord refuses to return the money the Tennant/investor invested into said property,the tenant gains full legal ownership of said property free and clear of all debts incurred against said property.
There is be a law that a landlord retains all rights the the property the landlord owns. Tenant who fail to pay rent should have that amount added to their mortgage in the event they ever buy a house.
I live in WA, so obviously nothing of this applies to me, but we model many of our legal things after CA,
But with that being said, where do landlords with "At Will" Tenants fall in this? I have a Mother-In-Law that is living with me who can't take a hint to get out of my house after a year of living here. we're not asking any rent money, so she's not paying rent, and there was no formal lease agreement. It was very much just a handshake and a "Until I get on my feet" sort of thing.
Thanks for watching, Patrick, that's a tough situation to be in because of the family connection. I'd recommend staging some sort of intervention...and help your mother-in-law find the next place to move to. You can, but probably don't want to, get an eviction attorney involved. Good luck!
@@WIREassociates Thank you for the response! We've done the whole intervention thing. We've helped her look for work for literal years now. We've given her over $10,000 in aid just so she can pay her bills, before she moved in. The time for help has come and gone unfortunately. She's a cold, cruel woman who lives off her children and won't support herself. And now she's living in my house and I can't evict her lol. So we're very much okay with getting an attorney involved and just ending that relationship.
We have a live-in employee who's contract was terminated on 5/22/20 and has refused to leave or sign a lease/or pay anything. She did not pay anything for room & board while she was employed. She is residing in the home alone now. She can be evicted since she has no lease, correct??
Yes, the courts are open for this , but you'll need a good, local eviction attorney to help. Good luck!
We have a triplex in the north hollywood area. My wifes father just had a heart attack and we are looking at moving back into our rental to provide some help and support for her parents. Is it possible we move into our main house, move a tenant out of one of her back units, and move her brother into the 3rd unit? We would like to provide the space for our family while my father in law heals up, Or is this set up to have everyone moved into one unit?
Technically, moving into a rental (or having a family member move in) only applies to single family homes and condos, but not duplexes or bigger. You can always run it by a good local eviction attorney. The other route would be cash for keys: ua-cam.com/video/VxJH3Vqezpc/v-deo.html
CAN U TELL ME LEGAL ADVICE FOR MT WELLINGTON, AUCKLAND CENTRAL IN REGARDS TO MY HNZ GOVT RENT HAS BEEN STOLEN SINCE I MOVED TO THIS ADDRESS.
We are occupying a duplex that just got sold . New landlord wants us to vacate one side and live in the other. Unfortunately we don’t fit in one duplex. Do we have to vacate one side?
If you're in California, then most likely no the landlord can't ask this. Here's the latest video on AB 832: ua-cam.com/video/FF2i4yQFlWY/v-deo.html
You should discuss with an attorney by searching for Legal Aid in your area or visiting lawhelp.org.
do the judges know the laws concerning ab3088 ?
Make sure you watch this latest video because AB 3088 was replaced by SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
The short answer is that they should know them, especially by now, but definitely have an attorney in your corner to help!
I feel the govt will help pay 1'000 500 amont.that will help pay rent.
Great video! What if your lease ends in September and starting in October it becomes month to month , is the tenant protected under AB 3088? Thanks!
Yes, as long as the tenant is still in possession of the rental unit, then AB 3088 should apply.
@@WIREassociates But just for residential? My comm'l LL is trying to raise my small workshop rent 500%
@@tonyclifton2648 Yes, AB 3088 is just for residential. That's crazy...sorry to hear about that rent hike!
Clarification: I'm seeing on other sites that note landlords need to provide 15-day Notice + Declaration to tenant by 9/30 for unpaid rent from 3/1/2020 thru 8/31/2020, or lose out on rent due between 3/1 thru 8/31, and unable to start the eviction you noted on 10/5/2020.
Go with what your attorney states, but there is a special notice required for this time period (different from the 15-day notice) that must be delivered by 9/30. That eviction on 10/5 is not for nonpayment of rent due to COVID-19, that date is for other reasons for nonpayment of rent. I know I wasn't very clear on that and am releasing another update video. 😃
@@WIREassociates understood. Just wanted to clarify that if the 15-day notice is not received back from the tenant for non-payment for the 3/1 thru 8/31 period. Evictions can initiate starting 10/5, correct ?
@Felix Liu I may be misunderstanding your question, but if the tenant does not return the *Declaration* for the 3/1/20-8/31/20 time period, then you can start an eviction. But the tenant can still perfect this in court...so it's not a guaranteed path for a landlord.
How many days does a tenant get to cure a breach on just cause?
@@daniellebedford1 depends on the just cause...some aren't curable. 3 days otherwise. Definitely get an attorney involved ASAP!
I’m in Eastern Oklahoma Do you have somebody with Oklahoma law and information for landlords I would appreciate it
Sorry, I don't have anyone in your neck of the woods right now, but this link has information on Landlord Associations throughout your state. This is the best place to go first www.thelpa.com/lpa/associations/oklahoma.html
Hi, purchase a house, the tenant who was renting the house with the seller was given notice 60 days to vacate. He has moved his family to Arizona in October, but their furniture, and all personal items are still at the house and won't move it out. What do I do as the new buyer, owner to get his stuff out a month later?
Reach out to a good eviction attorney for legal advice. You can turn to a local apartment association to find one. This link will also give you information on abandoned personal property: www.nolo.com/legal-encyclopedia/handling-tenants-abandoned-property-california.html
Any different for seniors 62 and over? Eviction
Good question! There are no differences in AB 3088 or the CDC Eviction Moratorium related to age as far as I know. Be sure to reach out to Legal Aid for help!
What notice would a landlord provide on 2/1/2021 is all steps were followed? 3day or 15 notice to pay or quit??
SB 91 was just passed and it has changed the deadlines. Watch my update on it: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
Where do we find a good lawyer that knows about eviction moratorium in Los Angeles County?
A good local Apartment Association is a good start, like this one caanet.org/
Great video much needed information. I have tenants who no longer want to pay rent this month. How do I start the process if I want to have my son move in? The contract is month to month. With a 60 day notice what would be the proper language? Also, within those 60 days if they do not pay anything how would that go?
Thanks!
Thanks for watching! I recommend finding a good local attorney to help with the proper notice, because it matters more than ever that all steps are followed. If the tenants have been there longer than a year, then a 60 day notice would be sufficient and it would need to state it's for your son to move in.
If they don't pay rent, then that's a separate eviction process and if they claim they can't pay due to COVID-19, then this route could get stickier. Might be faster/better to go with the 60 day notice and your have your son move in. Good luck!
Hi, great info, thank you! What is the high income cut off?
nevermind, I watched until the end :)
Minimum? $100,000 is the minimum, but in some areas it is higher depending on the median income...I have a link at the bottom for all the county values.
my landlord will not take my rent money and has not served me with papers? what is he trying to do? thank you
You need to reach out for legal assistance for guidance. You can find free or low cost legal assistance by looking for Legal Aid in your area and/or visiting lawhelp.org. A good local attorney will help you understand your rights in your specific situation. Also, here's the new law that replaced AB 3088, called SB 91. It's set to expire at the end of June, but may be extended. ua-cam.com/video/ifO_Kz54lTg/v-deo.html
What eviction protections do a non-profit have in a commercial office? Any?
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.
Will a mutual agreement between the landlord and tenant to vacate the property enforceable if the tenant don’t keep the agreement?
Short answer is maybe not, if the tenant fights back to say it wasn't sufficient notice. I always recommend delivering proper notice even with a mutal agreement. Definitely need to have an attorney to sort through this one.
I have a question? I have 2 houses on one lot. My son lost his job due to a kidney condition. I gave my tenants a 60 day notice to move out because I want my son to move in to one house and for me and my wife to live in the other to help him out. One tenant moved out already, but the other is a ver old guy and as soon as I gave him the 60 day notice all of a sudden he decides to get hip surgery. Can that slow down the eviction process? Keep in mind my son needs a transplant and a place to live? What can I do to take back my house and move in quicker? Or will the tenants hip surgery make the process longer and give him the right to stay in the property? Thanks!
Reach out to a good local eviction attorney ASAP. Technically, the no fault just cause termination of tenancy to move in does not apply to two on a lot (duplex), unless your attorney determines otherwise. You can also try cash for keys. BTW, here's the updated version of this video that discusses SB 91: ua-cam.com/video/ifO_Kz54lTg/v-deo.html
I have tenant that is in violation of his lease agreement by allowing someone live on property that we initial banned from the property. We also have concern that property is being damaged by seeing all stuff there hoarding in yard, Lastly the lease expired in end of July( 1 year lease) We gave him till end of Sept to move as courtesy (served 30 day notice) being that he is violation of his lease. He now claims you can't evict me and im not longer paying you rent as Oct because he is supposedly falling on hard times. His rent is not late and he receives pension and social security which both were not affected by covid 19. I have both award statements and pension I called and he still receives it. He is just making excuse and take advantage of covid pandmic so he can stay longer in Apt. Do I proceed with eviction , I really want him out he is hostile, aggressive, I can't even speak, he ask to speak to man lol, false accusations saying elder abuse, discrimination, all of sudden there is mold. He is one worst tenants I have ever had. He also claims he didn't receive all letters sent . I have certified letters and tracking system that list date and time delivered as well mailman verified as well, he also was texted the info and voicemail left mailbox about letters. He has a locked mailbox so he can't say it was stolen or whatever. This is kinda games he plays- so frustrating.just leave my apt I will gladly take it back.
In letter I sent there no mention nonpayment rent because he wasn't that's not why he is being evicted its because violation of lease agreement. Technical do I have to even give him a notice if he is violation?. I gave 5 days to fix it and he didnt. He said she is living at property and your discriminating against her because she is disabled. I don't even know what she is disabled from so how can I discriminate. Plus other 5 resident are same age and receive ssd and wonderful tenants. Just want make sure crossed my "t" and dotted my "I" before I start evication on Oct 1st
You definitely need to reach out to an eviction attorney for assistance ASAP. With AB 3088, this is not a time to try to evict on your own. In this case, it sounds like the tenancy can be terminated for the unlawful subleasing, which would allow an eviction, but you really need an attorney for guidance.
Which form best for 30 day notice vacate
family member moving in room..30 notice to vacate or quit? no fault tenant
Run it by an attorney to make sure you can do this in your area...some local moratoria prevent this. If allowed, a 30 da notice would be if they occupied for less than a year. 60 day notice if longer than a year. The attorney will make sure you use the correct form.
I shared also
Can you save on rent money in the inland empire if you eat tiny portions of home cooked meals that'll last us 4 days if my husband is the only person that works & im pregnant. But i want to work once the baby is born so i can help him pay rent .
My tenant paid me 50% of rent for September. That wouldn’t roll over for next month would it? For example, would the $800 I just got go towards the $2,000 total (25% x 5 months) or does each month stand alone? Thank you for the great informative content!
Thanks for watching! That's between you, your tenant and your attorney to decide. You will probably net more rent money by January 31st if you treat each month on its own, versus just stopping at the $2000, 5 month total.
If I ever become a landlord I'm sticking with a Price and not raisei g and treat my tanit fare not like other landlord as s holes that do not give a dm about them
During the time of %25 pay can a late fee charges be added to rent if not paid until end of 5 month window to pay?
As long as there isn't a local eviction moratorium that prevents late fees (like Los Angeles), then late fees can be added.