CA Landlords and Tenants Concerned About Eviction—This is for You!
Credit: @younho9
Well, the time has finally come. As of July 1, 2022, California’s state-wide eviction moratorium protections have ended. With few exceptions, this leaves many landlords the opportunity to regain possession of units, and for the tenant, an uphill battle in resolving back owed rent and potentially needing to find new housing. The scenario is really stressful, expensive, and complicated for both landlords and tenants. Here is some important information and suggestions to help you move forward in this process.
What’s Going On?
With the state protections lifted, many renters who are behind on rent will face eviction. In Los Angeles County, protections began again on July 1 for low income residents only after a three month hiatus on local moratoriums. In Los Angeles County, those who are making less than 80% of the median income locally are the only folks with protections currently running to the end of 2022. The same protection exists for LA city residents, who did not have the state override April–June. This is important to note, as many of the county residents who did not qualify for the state-wide extension in March lost protection for those three months, were liable for the rent those months, and could have had an eviction proceeding filed against them. For those not falling under the few protections above, or the few other local protections in other cities, landlords are free to initiate eviction proceedings against tenants who are behind on rent. Likewise, nearly all protections for commercial tenants are gone. This situation poses unique challenges for both landlords and tenants. However, the process need not be more painful than necessary.
Do I Need to Go to Court?
No! Court might be unavoidable for landlords who cannot come to some agreement with their tenant, the tenant refuses to pay or leave, or leaves voluntarily, but with outstanding debt. Many tenants may feel slighted by landlords taking action. However, the situation is very complicated and there have been even less resources for property owners to address the debts some of them have incurred through no fault of their own. Wise landlords would try to avoid this if at all possible. Between the months-long delays that come along with court, the uncertainty of outcome and timeline, and the lack of results that often don’t benefit either party, it’s nice to avoid it whenever possible. If both parties can find a way to communicate effectively, they can set themselves up for a much more successful result.
How?
Reaching out to someone like me! Mediators take the complications out of the problem, help the parties communicate and present proposals to one another, and ultimately come up with an agreement that helps them avoid court altogether. It allows the parties to create their own solutions, and specify important details ahead of time, such as whether the tenant will be staying, or leaving, and under what conditions. Agreements can also address how debts will be handled. Utilizing this process allows the parties to avoid massive amounts of stress, and save a lot of money on attorney’s fees - particularly the landlord. There’s really no catch, other than mediation must be voluntary by all parties.
It is easy to see how this could be an easy sell for the landlord, but less so when it comes to the tenant. However, for tenants, there are some very important things to consider. At some point, relief funding will disappear and not everyone will get it. Those landlords stuck with the debt will be forced to try to get it from tenants at some point if their respective debts are not covered or forgiven in some manner. For the tenant, the potential for having a judgment against them can be problematic for job and housing reasons, etc. Not to mention, mediation can be an opportunity to come up with a plan to deal with rental debt that works for YOU, rather than a money judgment that may be collected from you if you do not comply. The cost of mediation is generally a lot less than what the parties would pay to be represented in court. Landlord tenant mediation can also tend to resolve fairly quickly, allowing both the landlord and tenant to be free of the uncertainty of their prior situation. This is an opportunity to preserve everyone’s time, money, and sanity!