This reporting is not meant to take the place of getting an actual legal opinion as to your specific situation with your tenants.
The Newsome executive order is not a moratorium on evictions but a delay as stated earlier.
Landlords can still evict if tenants do not make their rental payments and tenants can still be ousted. Its just going to take a lot longer than you thought.
Rather than evict them, try a little communication.
1. Empathize with them about the economic times. Explain we are all in the same boat. If they cannot pay the rent, you cannot pay the mortgage or your bills. AND if something goes wrong, you cannot maintain the property.
2. Offer to defer rent. Not forgive, defer. They will still owe the rent at some date in the future. Better to pay something rather than nothing.
3. ASK FOR WRITTEN DOCUMENTATION. Some folks just want to try you. Ask for documentation that their inability to pay is based upon ‘Rona.
4. Be sure any rent reduction or agreement is documented in writing.
5. New forms have been created to send to your tenants.
A. COVID Notice- Landlord notifies tenant of COVID rights for non payment of Rent. Provide if tenant says they cannot pay.
B. COVID Notice-Tenant notifies Landlord of Financial impact.
C. COVID Notice-Receipt of Partial payment. If partial payment is not COVID related, can proceed to unlawful detainer action.
Talk to your tenants, tenants talk to your landlord. We are all in this together. If all else fails and you two cannot decide, pay your property manager. She is an innocent bystander. LOL.
If you have questions or concers, of a non legal matter, give me a call. If you need the forms, send me an email.
Most importantly, Be safe.