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?
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!!!!
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
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😊
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.
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.
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!
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...
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.
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
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.
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.
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.
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!
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!
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 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!
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.
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.
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.
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 .
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.
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.
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.
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.
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.
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??
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 have an industrial property in the City of Los Angeles. Do you know the number of any new Covid-19 Eviction Ordinance specifically pertaining to the City of Los Angeles? (Or of one currently in process but not yet passed?
There is an LA eviction moratorium in place for commercial and residential properties that runs through 9/30. This supersedes AB 3088 for now, until it expires. I don't know if anything else coming, but it would be worth reaching out to a local eviction attorney to discuss.
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…😟
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
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.
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.
What if a valid unlawful detainer was filed prior to the enactment of AB 3088, can the landlord obtain a summons at some point without having to serve a new noticce? Thanks.
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.
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.
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...
My tenant is a VA, section 8 and pays rent (sometimes late payment for his portion) and planning to evict him because of illegal activity on my property, multiple complains from neighbors and police goes there multiple times because neighbors called police and worry about their family safety. Talked to the police in the phone while my tenant in front of him, police officer that they went there many times for the last months because neighbors reported suspicious illegal activity and suggested that I can still evict him. How long do you think is the process for this kind of eviction?
Reach out to an attorney ASAP to discuss...this is definitely not a time for self-help evictions. If the attorney establishes that there is an at-fault reason, then this eviction can move forward now assuming there isn't a local eviction moratorium in place.
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
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.
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!
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.
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
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
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
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)
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.
What about duplexes in which the owner resides in one of the units. I know that rent control does not apply in AB1482 since I live in the duplex, but what about 3088?
The short answer is yes, the no fault just cause eviction rules are expanded under AB 3088 so your property is currently not exempt from that. You're still exempt from the rent cap...
Also, in the event of a sale, when does the 30 or 60 day notice get sent? Would it be after escrow is closed or when a purchase agreement is signed? If I were a buyer I would only agree to buy if I was certain the tenant was going to be gone by the time escrow closed and the unit was in the same condition as when I signed the purchase agreement.
So here's my $1 million advice in this one...I usually only share this solution with clients. Give the notice to terminate tenancy when contingencies are removed! If you do it too early and the buyer backs out, AND the tenant moves out because of the notice, you lose money. But the close of escrow is too late for some buyers and they'll balk at even offering (plus an owner occupied loan has move in requirements). So once the buyer has removed all contingencies (usually around 21 days in California, if there's a loan), then deliver the notice! This way, if the buyer backs out of the deal for whatever reason, you get their deposit $ and don't have to worry if the tenant moves out or not. And the clock starts ticking for the buyer so they don't have to wait as long. Boom! 🤣🤣
@@WIREassociates My tenant has paid zero for July, August, and September rent so I wouldn't lose much if he moved out and the buyer didn't go through with the deal. In my situation I think it would be a plus because I don't think this tenant has any intention of paying anymore rent at this point and the quicker he is gone the better. I just wanted to know how early I'm allowed to give the notice once a buyer is identified and how long it would take after the notice to get the sheriff there to physically remove him if need be.
@@sizzelot Got it, sorry you're stuck in this situation! In this case, I would get an owner-occupant buyer under contract and immediately deliver the notice (60 days if they have lived there longer than a year - make sure it has the right language). If they don't move out, then the unlawful detainer can move forward...probably at least another 60-90 days depending on your attorney and how backed up the courts are.
@@WIREassociates Wow. That could be half a year or more till I could close a deal on a sale. If I were a buyer and wanted a property now I would definitely not want my property paying market price. There would have to be some sort of discount to have to wait so long, the uncertainty of whether the deal would even go through, and the fact that interest rates could go higher in that time making it unaffordable by the time closing time came.
@@sizzelot Yes, it's a long road, but that is close to a worst case scenario timeline. If the tenant moves out without eviction, it could b expedited. Cash for keys to the tenant may work, too.
What if a landlord just wants me out and has a new person to move into the room that I have been living in but you can't find a place to move? I pay rent but I have been have medical problems. They want me to move to the street because they now have to many people in the house? The landlord moved the other person in now! So landlord has moved into garage with bed and heater but is angry now. He has never given me a legal notice but says I have to move any how and I am try but can't find a place I can afford! What should I do?
That is an unfortunate situation, sorry to hear this! You need to reach out for legal assistance ASAP...search for Legal Aid in your area (this is free or low cost legal assistance). Good luck!
Great information! Question! Does this apply to Nevada residents (tenants) Also, what do you mean by giving proper notice? I’m on a month-to-month with my landlord and I received a 30 day notice but it was not court ordered. I have been making on time payments. Is there anything I can do? I just need more than 30 days to find a new place for my family. My lease expired on May, 2020. Any information would be greatly appreciated.
Thanks for watching! This law only applies to California and same with the proper notice. You may be covered by the CDC Eviction Moratorium unless Nevada has something more strict. You need to turn to legal assistance ASAP, this video covers finding low cost or free legal assistance and this will work in any area of the U.S. - ua-cam.com/video/Duj34Dx9fbA/v-deo.html
@@WIREassociates Under AB 3088, one at fault just cause for a 60 day notice is not renewing a 12 mo. lease when month to month/tenancy at will. Would that count as a just cause post 09/01/2020, in CA during covid, for 60 day notice? And without a declaration from the landlord delivered at anytime before or after 60 day notice, is 60 day notice valid? From days of research & your videos, it appears the answer is no to both ?'s, however, I will be obtaining legal advice to confirm. Since you are so knowledgeable, I wanted to ask your opinion since you are clearly aware of how complex & detailed these new bills/laws are before the next step. Thank you for taking the time to do these videos & post your knowledge. It is very much appreciated.
@@13001ll Thanks for the kind words and for watching, Lola! You'll definitely need to run this one by an attorney because there are a lot of moving parts in your scenario. If the lease is ending and the tenant doesn't renew, then it could be grounds for an eviction, but you don't need to give a 60 day notice in this case. A 60 day notice would be to terminate a tenancy for no fault just cause. It would be a 3 day, but definitely run by an attorney and let me know how it goes.
@@WIREassociates I did check with an attorney since my comment. No evictions(60 day notice) until Feb. 1. They can proceed with the notice Feb 1. Thank you for your reply.
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
I heard that there something in the new law that even if you evict the tenant then you have to pay them one month rent to help with moving expenses? To me this sounds totally crazy especially since they haven't been paying you or just paying you 25% that the most why would you want to give them a full month's rent or any rent to help with moving expenses? Would appreciate your clarification on this matter.
The relocation fee is required in certain cases under AB 1482, which has been in place since 1/1/20 (some local municipalities have a higher relocation fee). One month's rent is the relocation fee when terminating under no fault just cause (no fee is due for at-fault just cause). The new bill, AB 3088, does specify that this relocation fee can be offset against back rent, meaning you don't have to directly pay it to the tenant, but can deduct it from back rent owed.
@@WIREassociates Thanks for the fast reply. I understand it applies to no fault . But, what would happen in: 1. Lease ends & you want to sell, so, do not want to renew the lease. 2. You increase rent at lease end, but current tenant cannot/ or will not pay the higher (Max. under rent control) rent. LL evicts, do you have to pay relocation fee. Thanks
My landlord refuses to renegotiate my rent even though they’ve raised it by $750 (over 40%) the past 3 years. Is there anything I can do to pay the rent I agreed to pay on my lease versus the rapacious rent increases they’ve levied on top of me recently?
If it's a residential unit in California, it may be subject to the rent caps in AB 1482. Here's a playlist I did on this bill...see if it applies and if so, you may be able to get the most recent increases rolled back ua-cam.com/video/b4sCunTjLgE/v-deo.html
@@WIREassociates thanks for that. I was very happy when I saw that bill pass. Unfortunately it doesn't do nearly enough and the damage had already been done. Even with the bill in place they were still able to raise it $200 in a single year. $250 - $300 - $200 from 2017 to 2019. Before this I've never had my rent raised more than 5%. I don't understand why a landlord should be allowed to raise your rent more than 5% in a single year in order to cover expenses. It just gives landlords a really bad name.
AB 1482 actually forced some landlords to do increases before it came to catch up on not raising rent and now they will keep the increases coming so that they don't get behind.
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.
Notice of non renew? I have a lease with a fixed term, ends March 30th 2021. Does AB 3088 mean I can't evict if tenants don't move at the end of March??
You should be fine by then. That portion of the bill runs ends 1/31. Hey, I gave you a shoutout in my newest video. It's on finding random forms online! 😀
@@WIREassociates You threw me off with your mention of notice of non-renew. Normally a fixed term lease means just that, but I wouldn't be surprised if the legislature added the silly rule of requiring a notice of non-renewal as a reminder to a tenant that their fixed term lease expiration date is approaching.
How and when and what kind of payments will tenants be required to pay once protection is lifted and what are the repercussions if they can not pay more than $1.00 a month or very little if at all? I heard you don't have to start paying back missed rent until 12 months after lifting, is that true?
AB 3088 doesn't require a repayment plan per se. A landlord will need to take a tenant to small claims court after March 1, 2021 to get a judgment for rental debt.
You'd have to give the appropriate notices (3 day, not 15 day) then move forward with the unlawful detainer. It can start sooner than 10/5...that 10/5 date is for nonpayment of rent and giving the courts time to ramp up for the special requirements for that. Definitely find a good attorney. Also be aware that the pet may actually be a service animal, which would prevent an eviction.
@@WIREassociates So if a tenant breaches or is a nusance, can you just give a 60 day notice to move out? Or do you have to give a 3 day notice to fix the problem?
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.
Wire Associates can an unlawful detainer be submitted now in the local courts for breach of contract (tenant was running an illegal Airbnb without my permission) before October 5th? or do I have to wait until the October 5th date?
As long as there isn't a local eviction moratorium, you should be able to. You only need to wait until 10/5 if it's money related. Make sure you hire a good eviction attorney.
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...
Good question! If they are current through September, then you don't need to worry about the September notice. After September (until January 2021) the landlord will need to deliver the proper notice and declaration each month that rent is missed.
Is there really any reason to request monthly declaration from tenants from Sept. - January? Why not just send it in September once the tenants makes a declaration they they have been adversely affected by COVID-19 I have no doubt they will make the same declaration monthly. So if I do one in September and a second one in January aren't I covered if they don't pay the 25% by 1/31/21? Also, when can I take a tenant to small claims court for unpaid up until 8/31/20? Last, if a tenant has unpaid rent as of August 31st and make some payments starting in September is that to be applied to pre 8/31/20 rent or the the 25% from 9/1/20 - 1/31/21?
Run it by an attorney, but the law says it must be sent each month after September that rent is missed. Just one more page in all the other required paperwork. 😃 Small claims court will be open for back rental debt (any back rent between March 2020 and January 2021) starting 3/1/21. As for your last question, it's between you and your tenant (and your attorney) just make sure you document how it's applied and both you and tenant agree.
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.
We want to send our tenant a 60 day notice and move in our son who moved out of SF. They have been there a year, are on a month to month and have been paying the rent. I know, this has been asked previously. But, do I need to pay for relocation or one month rent in this situation? Love the video, made at fault and no fault very easy to understand.
Thanks for watching, Tanya! Is it a condo, house or townhouse? If it wasn't exempt from AB 1482, then you definitely owe the one month's rent. If it WAS/IS exempt, then I am still working on getting clarification from some attorneys...AB 3088 expanded some AB 1482 requirements, but I don't know if the relocation assistance was expanded as well. I am working on it and will do another update video next week. Also, reach out to a good attorney to see if your area has any additional moratorium or relocation requirements.
@@WIREassociates One followup question, can I give notice now for tenants to vacate on Feb 1, and I would not need to pay one month rent? Or do I have to give 60 day notice on Feb. 1st to avoid the one month 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.
Thanks for such great work. 2 questions for my lease unit in long beach 1>> My lease has 2 tenants and is exploring Oct31. One lessee claimed covid protection by giving a declaration. Other lessee has a city job and a million dollar home so cannot claim covid affected. Can u go after second lessee as rent needs to be paid by both and if one can't pay the other should? 2>> can I serve 30 day notice on Oct 1 as lease is in unit for less than 12 months as lease expires Oct 31. The notice is non rent based and just saying lease is expires on Nov1 and as landlord I do not wish to extend the lease or convert it to month to month 3>> if I want after Oct 31 my daughter 22 yrs to move in. How long does she have to stay in unit before it can be rented again. Thanks for your help in advance
Thanks for watching, Ajay! You definitely need to reach out to an attorney who knows Long Beach to make sure there isn't overlapping regulations or an eviction moratorium that will change things. 1) Very interesting question...would you try to evict the one tenant who isn't COVID-19 impacted if rent isn't paid? I don't think that will work in this case. 2) Yes, you should be able to but only if #3 is true...that your daughter will be moving in. This would be an example of no fault just cause. Ask the attorney if you owe a relocation fee under AB 1482 or Long Beach's relocation fee (3 month's rent for some units). This can be deducted from back rent owed. 3) I would have her stay a minimum of 6 months to a year to show good faith. Good luck!
So practically the signed lease document holds no value in court? I mean the unit rented for one year and lease is over still tenant can hijack the unit
Between the pandemic and California's tough rental laws, it's become very hard for a California landlord. A good attorney from a Landlord or Apartment Association may be able to help.
What if the landlord issued a 30day notice to quit but I lived at the home for over 10yrs. The 30day notice was issued in July, I was supposed to leave on August 31st. Since I was entitled to a 60day notice I didn’t leave since the incorrect notice was issued. Now in September 10th I was issued a 15day notice to pay or quit. Does this new law mean that he can’t kick me out and I should just continue paying the rent? The landlord wanted to terminate the lease just cause back in July, he had no valid reason.
Yes, you're right: a 30 day notice was not correct, so you didn't need to move. Did you miss paying September rent? Is that the reason for the 15 day notice? If so, you can return the declaration (each month, if he sends one) and pay a minimum of 25% of the rent owed from September to January by 1/31/21 and you can't be evicted. If he wants, he could give you a 60 day notice to terminate tenancy if he is going to have a relative move in.
WIRE Associates thank you! He wanted me to move out just cause he said he wasn’t going to rent out the space anymore. I just want to say you’re much appreciated! God bless you brother!
@@isaacsanchez7171 yes, 60 day and it needs to state the just cause reason of relative moving in. Relative means child, grandchildren, parent, grandparent, domestic partner or spouse, BTW. Or he could move in. Removing from the market as a rental may work, but is a big stretch for a landlord as just cause. Thank you very much for the kind words and good luck!
You'll need to ask a good local eviction attorney, the answer is probably no it doesn't apply, but you need to make sure that your tenant really is a "lodger" and the attorney will help with this guidance as well...
I have a retail shop, and I have been closed for months before and currently for 30 days month of December . Can landlord evict me if stop paying for my rent starting next month, since I’ve been closed?
California's AB 3088 is for residential properties only. Some areas had/have a local eviction moratorium that covers commercial properties as well - LA and Costa Mesa are two examples. Be sure to reach out to an attorney ASAP and good luck!
If the tenant has been returning the declarations of hardship and by January 31, pays 25% of rent missed between September 2020 and January 2021, then there is nothing you can do to start an eviction related to nonpayment of rent. This is per AB 3088, which may be extended by the end of the month.
@@WIREassociates No tenant has not paid since July and no declaration has been made nor any payments. She has been served. Do I need to served another paper or finalize the eviction?.
Did you follow the steps in AB 3088 and give the 15 day notices with blank declarations? If so, and the tenant has not returned anything, then you may be able to start eviction now. Reach out to a good local eviction attorney to discuss.
If, in the period 9/1/20 - 1/31/21, a tenant has stayed in the property beyond lease end, has stopped paying rent, and was given proper notice of owner move in prior to lease expiration, does the owner need to serve the notice and blank declaration in order to recover rent not paid?
You'll need to run this by a good local San Diego eviction attorney. I know attorneys here have different opinions on this scenario. In my non-legal opinion, I would comply with the law and deliver the 15 day notice and declaration...that way, when you finally get in front of a judge, it's easy to show that you were trying to comply. 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
Please help. What can one do if they have been able to pay the rent but haven’t been able to maintain the property as agreed upon with the mobile home park because of health problems and decreased funds due to covid so we can’t hire anyone to do the work for us? We are in San Diego county and got a 7 day notice to comply to the agreement or they will start legal action to evict us.
You definitely need to reach out to legal aid ASAP. Here's a video I did on finding free or low cost legal assistance: ua-cam.com/video/Duj34Dx9fbA/v-deo.html
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?
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! 😀
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!!! 😍
Keep up the great content! 🤙
Always look forward to your videos, keep killing it!
Thanks for watching Ed!!
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😊
Thank you so very much, Christian! Great video! Keep them coming! Be well!
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!
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.
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.
Thanks for clearing that up. Tenants should pay something. Dead beats must be evicted, housing isn't free.
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!
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...
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!
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
THANKS FOR THIS VALUABLE INFORMATION, VERY MUCH OBLIGED!
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.
Excellent informative video and well presented.
Thanks for watching and the kind words! 💪😃👍
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.
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.
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!
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!
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 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!
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
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.
Great video keeping it here for the latest
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.
Thank you! How do I get the blank declaration?
You can download a sample here www.wireassociates.com/ab3088/
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.
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!
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.
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.
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!!!
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.
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.
very well explained, thank you. especially from the view of the landlord & or the tenant!
Thanks for the kind words and watching!
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!
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 have an industrial property in the City of Los Angeles. Do you know the number of any new Covid-19 Eviction Ordinance specifically pertaining to the City of Los Angeles? (Or of one currently in process but not yet passed?
There is an LA eviction moratorium in place for commercial and residential properties that runs through 9/30. This supersedes AB 3088 for now, until it expires. I don't know if anything else coming, but it would be worth reaching out to a local eviction attorney to discuss.
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…😟
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
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!
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.
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!
What if a valid unlawful detainer was filed prior to the enactment of AB 3088, can the landlord obtain a summons at some point without having to serve a new noticce? Thanks.
From what I have heard from attorneys, yes, you can get the summons without a new notice, but find a good. local attorney who can help you...
@@WIREassociates Thanks for the reply!
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
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!! ;-)
Thanks for the update.
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
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...
My tenant is a VA, section 8 and pays rent (sometimes late payment for his portion) and planning to evict him because of illegal activity on my property, multiple complains from neighbors and police goes there multiple times because neighbors called police and worry about their family safety. Talked to the police in the phone while my tenant in front of him, police officer that they went there many times for
the last months because neighbors reported suspicious illegal activity and suggested that I can still evict him. How long do you think is the process for this kind of eviction?
Reach out to an attorney ASAP to discuss...this is definitely not a time for self-help evictions. If the attorney establishes that there is an at-fault reason, then this eviction can move forward now assuming there isn't a local eviction moratorium in place.
WIRE Associates I just talked to a lawyer and will process for eviction. Thank you!
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.
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
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.
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!
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.
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
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.
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
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
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/
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.
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/
What about duplexes in which the owner resides in one of the units. I know that rent control does not apply in AB1482 since I live in the duplex, but what about 3088?
The short answer is yes, the no fault just cause eviction rules are expanded under AB 3088 so your property is currently not exempt from that. You're still exempt from the rent cap...
@@WIREassociates Thank you! God Bless!
How does the local moratorium for Los Angels differ from AB 3088 with the at fault evictions.
This is best answered by a good attorney who knows the LA moratorium . The AOA and CAA have good attorneys who can help.
It should be Fair and fair
Great video..thank you for thr info
Thanks for watching!
Also, in the event of a sale, when does the 30 or 60 day notice get sent? Would it be after escrow is closed or when a purchase agreement is signed? If I were a buyer I would only agree to buy if I was certain the tenant was going to be gone by the time escrow closed and the unit was in the same condition as when I signed the purchase agreement.
So here's my $1 million advice in this one...I usually only share this solution with clients. Give the notice to terminate tenancy when contingencies are removed! If you do it too early and the buyer backs out, AND the tenant moves out because of the notice, you lose money. But the close of escrow is too late for some buyers and they'll balk at even offering (plus an owner occupied loan has move in requirements). So once the buyer has removed all contingencies (usually around 21 days in California, if there's a loan), then deliver the notice! This way, if the buyer backs out of the deal for whatever reason, you get their deposit $ and don't have to worry if the tenant moves out or not. And the clock starts ticking for the buyer so they don't have to wait as long. Boom! 🤣🤣
@@WIREassociates My tenant has paid zero for July, August, and September rent so I wouldn't lose much if he moved out and the buyer didn't go through with the deal. In my situation I think it would be a plus because I don't think this tenant has any intention of paying anymore rent at this point and the quicker he is gone the better. I just wanted to know how early I'm allowed to give the notice once a buyer is identified and how long it would take after the notice to get the sheriff there to physically remove him if need be.
@@sizzelot Got it, sorry you're stuck in this situation! In this case, I would get an owner-occupant buyer under contract and immediately deliver the notice (60 days if they have lived there longer than a year - make sure it has the right language). If they don't move out, then the unlawful detainer can move forward...probably at least another 60-90 days depending on your attorney and how backed up the courts are.
@@WIREassociates Wow. That could be half a year or more till I could close a deal on a sale. If I were a buyer and wanted a property now I would definitely not want my property paying market price. There would have to be some sort of discount to have to wait so long, the uncertainty of whether the deal would even go through, and the fact that interest rates could go higher in that time making it unaffordable by the time closing time came.
@@sizzelot Yes, it's a long road, but that is close to a worst case scenario timeline. If the tenant moves out without eviction, it could b expedited. Cash for keys to the tenant may work, too.
What if a landlord just wants me out and has a new person to move into the room that I have been living in but you can't find a place to move? I pay rent but I have been have medical problems. They want me to move to the street because they now have to many people in the house? The landlord moved the other person in now! So landlord has moved into garage with bed and heater but is angry now. He has never given me a legal notice but says I have to move any how and I am try but can't find a place I can afford! What should I do?
That is an unfortunate situation, sorry to hear this! You need to reach out for legal assistance ASAP...search for Legal Aid in your area (this is free or low cost legal assistance). Good luck!
Great information! Question! Does this apply to Nevada residents (tenants) Also, what do you mean by giving proper notice? I’m on a month-to-month with my landlord and I received a 30 day notice but it was not court ordered. I have been making on time payments. Is there anything I can do? I just need more than 30 days to find a new place for my family. My lease expired on May, 2020. Any information would be greatly appreciated.
Thanks for watching! This law only applies to California and same with the proper notice. You may be covered by the CDC Eviction Moratorium unless Nevada has something more strict. You need to turn to legal assistance ASAP, this video covers finding low cost or free legal assistance and this will work in any area of the U.S. - ua-cam.com/video/Duj34Dx9fbA/v-deo.html
@@WIREassociates Under AB 3088, one at fault just cause for a 60 day notice is not renewing a 12 mo. lease when month to month/tenancy at will. Would that count as a just cause post 09/01/2020, in CA during covid, for 60 day notice? And without a declaration from the landlord delivered at anytime before or after 60 day notice, is 60 day notice valid? From days of research & your videos, it appears the answer is no to both ?'s, however, I will be obtaining legal advice to confirm. Since you are so knowledgeable, I wanted to ask your opinion since you are clearly aware of how complex & detailed these new bills/laws are before the next step. Thank you for taking the time to do these videos & post your knowledge. It is very much appreciated.
@@13001ll Thanks for the kind words and for watching, Lola! You'll definitely need to run this one by an attorney because there are a lot of moving parts in your scenario. If the lease is ending and the tenant doesn't renew, then it could be grounds for an eviction, but you don't need to give a 60 day notice in this case. A 60 day notice would be to terminate a tenancy for no fault just cause. It would be a 3 day, but definitely run by an attorney and let me know how it goes.
@@WIREassociates I did check with an attorney since my comment. No evictions(60 day notice) until Feb. 1. They can proceed with the notice Feb 1. Thank you for your reply.
@@13001ll Thanks for the update!
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
I heard that there something in the new law that even if you evict the tenant then you have to pay them one month rent to help with moving expenses? To me this sounds totally crazy especially since they haven't been paying you or just paying you 25% that the most why would you want to give them a full month's rent or any rent to help with moving expenses? Would appreciate your clarification on this matter.
The relocation fee is required in certain cases under AB 1482, which has been in place since 1/1/20 (some local municipalities have a higher relocation fee). One month's rent is the relocation fee when terminating under no fault just cause (no fee is due for at-fault just cause). The new bill, AB 3088, does specify that this relocation fee can be offset against back rent, meaning you don't have to directly pay it to the tenant, but can deduct it from back rent owed.
@@WIREassociates Thanks for the fast reply. I understand it applies to no fault . But, what would happen in:
1. Lease ends & you want to sell, so, do not want to renew the lease.
2. You increase rent at lease end, but current tenant cannot/ or will not pay the higher (Max. under rent control) rent. LL evicts, do you have to pay relocation fee.
Thanks
My landlord refuses to renegotiate my rent even though they’ve raised it by $750 (over 40%) the past 3 years. Is there anything I can do to pay the rent I agreed to pay on my lease versus the rapacious rent increases they’ve levied on top of me recently?
If it's a residential unit in California, it may be subject to the rent caps in AB 1482. Here's a playlist I did on this bill...see if it applies and if so, you may be able to get the most recent increases rolled back ua-cam.com/video/b4sCunTjLgE/v-deo.html
@@WIREassociates thanks for that. I was very happy when I saw that bill pass. Unfortunately it doesn't do nearly enough and the damage had already been done. Even with the bill in place they were still able to raise it $200 in a single year. $250 - $300 - $200 from 2017 to 2019. Before this I've never had my rent raised more than 5%. I don't understand why a landlord should be allowed to raise your rent more than 5% in a single year in order to cover expenses. It just gives landlords a really bad name.
AB 1482 actually forced some landlords to do increases before it came to catch up on not raising rent and now they will keep the increases coming so that they don't get behind.
How does the extension through March 31 affect rent payments and evictions?
We should know by the end of the week exactly how long AB 3088 will be extended and what (if any) changes will be made. Subscribe for the update! 😃
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.
Notice of non renew? I have a lease with a fixed term, ends March 30th 2021. Does AB 3088 mean I can't evict if tenants don't move at the end of March??
You should be fine by then. That portion of the bill runs ends 1/31.
Hey, I gave you a shoutout in my newest video. It's on finding random forms online! 😀
@@WIREassociates You threw me off with your mention of notice of non-renew. Normally a fixed term lease means just that, but I wouldn't be surprised if the legislature added the silly rule of requiring a notice of non-renewal as a reminder to a tenant that their fixed term lease expiration date is approaching.
How and when and what kind of payments will tenants be required to pay once protection is lifted and what are the repercussions if they can not pay more than $1.00 a month or very little if at all? I heard you don't have to start paying back missed rent until 12 months after lifting, is that true?
AB 3088 doesn't require a repayment plan per se. A landlord will need to take a tenant to small claims court after March 1, 2021 to get a judgment for rental debt.
@@WIREassociates Thank you so much for your speedy reply,
If there are breaches in the agreement, such as having pets without Landlord's authorization, can the eviction start on October 5?
You'd have to give the appropriate notices (3 day, not 15 day) then move forward with the unlawful detainer. It can start sooner than 10/5...that 10/5 date is for nonpayment of rent and giving the courts time to ramp up for the special requirements for that. Definitely find a good attorney. Also be aware that the pet may actually be a service animal, which would prevent an eviction.
@@WIREassociates So if a tenant breaches or is a nusance, can you just give a 60 day notice to move out? Or do you have to give a 3 day notice to fix the problem?
@@dianecelento4974 there is a deadly pandemic going on. And there is a video about evicting someone. Is this guy for real.
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.
Wire Associates can an unlawful detainer be submitted now in the local courts for breach of contract (tenant was running an illegal Airbnb without my permission) before October 5th?
or do I have to wait until the October 5th date?
As long as there isn't a local eviction moratorium, you should be able to. You only need to wait until 10/5 if it's money related. Make sure you hire a good eviction attorney.
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...
What if tenant pay for the month of sept and you thought is all good then tenant miss October. Did landlord missed the sept declaration time frame?
Good question! If they are current through September, then you don't need to worry about the September notice. After September (until January 2021) the landlord will need to deliver the proper notice and declaration each month that rent is missed.
Thank you.
Is there really any reason to request monthly declaration from tenants from Sept. - January? Why not just send it in September once the tenants makes a declaration they they have been adversely affected by COVID-19 I have no doubt they will make the same declaration monthly. So if I do one in September and a second one in January aren't I covered if they don't pay the 25% by 1/31/21?
Also, when can I take a tenant to small claims court for unpaid up until 8/31/20?
Last, if a tenant has unpaid rent as of August 31st and make some payments starting in September is that to be applied to pre 8/31/20 rent or the the 25% from 9/1/20 - 1/31/21?
Run it by an attorney, but the law says it must be sent each month after September that rent is missed. Just one more page in all the other required paperwork. 😃
Small claims court will be open for back rental debt (any back rent between March 2020 and January 2021) starting 3/1/21.
As for your last question, it's between you and your tenant (and your attorney) just make sure you document how it's applied and both you and tenant agree.
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!
We want to send our tenant a 60 day notice and move in our son who moved out of SF. They have been there a year, are on a month to month and have been paying the rent. I know, this has been asked previously. But, do I need to pay for relocation or one month rent in this situation? Love the video, made at fault and no fault very easy to understand.
Thanks for watching, Tanya! Is it a condo, house or townhouse? If it wasn't exempt from AB 1482, then you definitely owe the one month's rent. If it WAS/IS exempt, then I am still working on getting clarification from some attorneys...AB 3088 expanded some AB 1482 requirements, but I don't know if the relocation assistance was expanded as well. I am working on it and will do another update video next week. Also, reach out to a good attorney to see if your area has any additional moratorium or relocation requirements.
@@WIREassociates It is a single family dwelling.
So, as I understand, exempt from AB1482.
Should be exempt from the relocation fee, I will make sure AB 3088 didn't eliminate that exemption.
@@WIREassociates One followup question, can I give notice now for tenants to vacate on Feb 1, and I would not need to pay one month rent? Or do I have to give 60 day notice on Feb. 1st to avoid the one month 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.
Thank you 🙏
Thanks for such great work.
2 questions for my lease unit in long beach
1>> My lease has 2 tenants and is exploring Oct31. One lessee claimed covid protection by giving a declaration. Other lessee has a city job and a million dollar home so cannot claim covid affected. Can u go after second lessee as rent needs to be paid by both and if one can't pay the other should?
2>> can I serve 30 day notice on Oct 1 as lease is in unit for less than 12 months as lease expires Oct 31. The notice is non rent based and just saying lease is expires on Nov1 and as landlord I do not wish to extend the lease or convert it to month to month
3>> if I want after Oct 31 my daughter 22 yrs to move in. How long does she have to stay in unit before it can be rented again.
Thanks for your help in advance
Sorry 3 questions please
Thanks for watching, Ajay! You definitely need to reach out to an attorney who knows Long Beach to make sure there isn't overlapping regulations or an eviction moratorium that will change things.
1) Very interesting question...would you try to evict the one tenant who isn't COVID-19 impacted if rent isn't paid? I don't think that will work in this case.
2) Yes, you should be able to but only if #3 is true...that your daughter will be moving in. This would be an example of no fault just cause. Ask the attorney if you owe a relocation fee under AB 1482 or Long Beach's relocation fee (3 month's rent for some units). This can be deducted from back rent owed.
3) I would have her stay a minimum of 6 months to a year to show good faith.
Good luck!
So practically the signed lease document holds no value in court? I mean the unit rented for one year and lease is over still tenant can hijack the unit
Between the pandemic and California's tough rental laws, it's become very hard for a California landlord. A good attorney from a Landlord or Apartment Association may be able to help.
Thank you for your guidance
What if the landlord issued a 30day notice to quit but I lived at the home for over 10yrs. The 30day notice was issued in July, I was supposed to leave on August 31st. Since I was entitled to a 60day notice I didn’t leave since the incorrect notice was issued. Now in September 10th I was issued a 15day notice to pay or quit. Does this new law mean that he can’t kick me out and I should just continue paying the rent? The landlord wanted to terminate the lease just cause back in July, he had no valid reason.
Yes, you're right: a 30 day notice was not correct, so you didn't need to move.
Did you miss paying September rent? Is that the reason for the 15 day notice? If so, you can return the declaration (each month, if he sends one) and pay a minimum of 25% of the rent owed from September to January by 1/31/21 and you can't be evicted.
If he wants, he could give you a 60 day notice to terminate tenancy if he is going to have a relative move in.
WIRE Associates thank you! He wanted me to move out just cause he said he wasn’t going to rent out the space anymore.
I just want to say you’re much appreciated! God bless you brother!
WIRE Associates if he wanted to move in a relative he would have to provide me something saying that along with the 60day notice. Correct?
@@isaacsanchez7171 yes, 60 day and it needs to state the just cause reason of relative moving in. Relative means child, grandchildren, parent, grandparent, domestic partner or spouse, BTW. Or he could move in. Removing from the market as a rental may work, but is a big stretch for a landlord as just cause.
Thank you very much for the kind words and good luck!
WIRE Associates thank you! Awesome videos very informative.... anyway I could help you or your UA-cam channel just let me know!
does this apply to single family home lanlord lodger tenant month to month ?
You'll need to ask a good local eviction attorney, the answer is probably no it doesn't apply, but you need to make sure that your tenant really is a "lodger" and the attorney will help with this guidance as well...
In February, if they haven't paid from 09/01-01/31, is a 3 day pay or quit served or is a 15 day notices still used?
You'll need to run this by an attorney, but February 2021 it should go back to the 3 day notices.
I have a retail shop, and I have been closed for months before and currently for 30 days month of December . Can landlord evict me if stop paying for my rent starting next month, since I’ve been closed?
California's AB 3088 is for residential properties only. Some areas had/have a local eviction moratorium that covers commercial properties as well - LA and Costa Mesa are two examples. Be sure to reach out to an attorney ASAP and good luck!
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.
What if the tenant has not paid since July and landlord has given the 3day, 15day, 30day but nothing has happened what can the landlord do now?
If the tenant has been returning the declarations of hardship and by January 31, pays 25% of rent missed between September 2020 and January 2021, then there is nothing you can do to start an eviction related to nonpayment of rent. This is per AB 3088, which may be extended by the end of the month.
@@WIREassociates No tenant has not paid since July and no declaration has been made nor any payments. She has been served. Do I need to served another paper or finalize the eviction?.
Did you follow the steps in AB 3088 and give the 15 day notices with blank declarations? If so, and the tenant has not returned anything, then you may be able to start eviction now. Reach out to a good local eviction attorney to discuss.
If, in the period 9/1/20 - 1/31/21, a tenant has stayed in the property beyond lease end, has stopped paying rent, and was given proper notice of owner move in prior to lease expiration, does the owner need to serve the notice and blank declaration in order to recover rent not paid?
This is in City of San Diego
You'll need to run this by a good local San Diego eviction attorney. I know attorneys here have different opinions on this scenario. In my non-legal opinion, I would comply with the law and deliver the 15 day notice and declaration...that way, when you finally get in front of a judge, it's easy to show that you were trying to comply. Good luck!
@@WIREassociates Thanks. Please keep your super informative and helpful videos coming.
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!
Please help. What can one do if they have been able to pay the rent but haven’t been able to maintain the property as agreed upon with the mobile home park because of health problems and decreased funds due to covid so we can’t hire anyone to do the work for us? We are in San Diego county and got a 7 day notice to comply to the agreement or they will start legal action to evict us.
You definitely need to reach out to legal aid ASAP. Here's a video I did on finding free or low cost legal assistance: ua-cam.com/video/Duj34Dx9fbA/v-deo.html