I'm not a lawyer nor have I kept up on real estate law changes in California after taking courses there in the 80s, but I suspect the squatter's lawyer used permitting and code violations to get the case elevated to regular court (I think it's State Superior Court, but I could be wrong). Then it takes years to get on the schedule once it's no longer a simple unlawful detainer. I suspect the landlord will eventually win and evict the squatter, but it could take years and legal fees could approach six figures. Hence the squatter's extortion attempt.
Air BNB tenant refuses to leave- intriguing read for a Saturday morning
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So an owners attempt to get fair market rents for his investment property is the same as stealing $100k? Nobody likes the idea of evicting elderly renters but forcing investors to subsidize disadvantaged tenants doesn't sound very fair to me. And rent control is a proven strategy to make sure there is a shortage of housing. Nobody builds if they will be forced to lose money.
Changes to rent control laws may be coming.
The Supreme Court Could Eviscerate Rent Control
New York City landlords have petitioned the high court to repeal the laws that have benefited the city’s tenants for generations.
newrepublic.com
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So we should make it so that the only parties that can afford to rent out properties are corporations?
If you're going to make a leap in logic like that, you might want to flesh it out a bit.
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Read my first post.
Air BNB tenant refuses to leave- intriguing read for a Saturday morning
Heard about this tenant and landlord situation in the radio in California earlier this week. Article leaves out a lot, to include tenant is a Harvard graduate, and pulled a like action in the San Francisco Bay area the resulted in the tenant being paid six figures to leave that rental...
bobistheoilguy.com
My point is that things can be done legally which aren't ethical, and vice versa. The squatter in the OP article is doing something which so far, appears to be allowed by law. Most would agree it's far from an ethical move. Likewise, a landlord can do things like evict a tenant legally, but not ethically.
I'm far from being blindly pro-tenant. My parents dealt with an absolute nightmare of a tenant in the 80s when we had to relocate for a few years for my dad's work. Like most things in life, there are good people and not so good people on either side.
Read it. I get the feeling you are firmly planted on one side of the argument, to the point nuance is lost on you.
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Using language like “either side” is a bit tribalistic and hints at a mindset of “us vs them.”
Landlords are broadly either investment firms or middle class people trying to smartly manage what comparatively little wealth they have accumulated in their lives.
Any individual can theoretically become a landlord, own a business, etc. Laws that inherently favor the larger, more centralized accumulations of capital make competing more difficult for the smaller players and take away from average people’s ability to generate wealth.
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I’m both a landlord and a tenant.
I chose the language in response to the tone of your post. What you said came off as biased in favor of landlords/investors as opposed to tenants, so my intent was to call that out. Your focus seems to be the interests of "little guy" investors. I believe in a balanced approach with consideration for all involved.
The issue of the economic system being biased toward people and organizations which are already massively wealthy is not lost on me, nor do I personally benefit from it.
Again, my point is that the story of the OP article appears to be a tale of a tenant gaming the system in an unethical, but (so far) legal way. I am morally opposed to what they are doing. I am also morally opposed to landlord actions such as renovictions or dishonest claims to be using the space for a family member - which are legal on the surface but are thinly veiled attempts to increase the profitability of their investment - in a manner which is counter to the intent of existing regulation. If as a society we want to change the rules, so be it. Evicting people at will just isn't the current societal norm. Maybe it would ultimately be better for housing supply to allow the highest bidder for rental space to win upon the expiry of a rental/lease agreement term. I really don't know.
Would I be correct to assume you're a residential landlord, and a commercial tenant? If so, that's a bit of an apples to oranges comparison, particularly when it comes to protections for the respective type of tenant.
That's just downright silly. Switch to renting the house or apartment on a long-term basis like with a yearly lease or similar. It's less $$$, that's it. Positives are (hopefully) known, stable tenants, no frequent cleaning(s), etc.
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I do too, and that involves allowing fair, quick, and efficient evictions when people don’t pay what they legally, contractually owe for permission to access a property that belongs to someone else. It also means revising laws to keep rental markets from becoming anti-competitive.
What happens if you stop paying your mortgage on your residence? You can get kicked out faster than renters can in many places.
Think about why.
Yep. So how many options do regular people have to move up?
My point is that when this happens, it disincentivizes smaller investors from investing, shielding larger investment firms from competition. It eliminates a pathway to wealth for average people and drives property ownership into corporate consolidation.
Fraud is fraud, and it’s illegal. If a lease contract is broken by a tenant, or reaches expiration, the property owner needs to have the final rights to the property.
Nobody said people should be able to be evicted at will.
I rent my home residence.
And the risk to the landlord gets priced into the rent, so all tenants suffer. Same as how shoplifting increases prices for everyone.
You're describing a barrier to entry. Surely large real estate groups like laws that are confusing and require lawyers on retainer so the bad actor tenants can irritate the up-and-coming naive mom & pop landlords interfering with "their" monopolies.
The court system also justified 2 wrongs = a right, where the other wrong was Jovanovic made some modifications to the ADU without permits.Heard about this tenant and landlord situation in the radio in California earlier this week. Article leaves out a lot, to include tenant is a Harvard graduate, and pulled a like action in the San Francisco Bay area the resulted in the tenant being paid six figures to leave that rental.
Airbnb ‘Tenant from Hell’ Has Been Living Rent-Free in Luxury Home for 540 Days and Refuses to Leave: Report
Elizabeth Hirschhorn’s Airbnb stay at an L.A. property owned by Sascha Jovanovic was supposed to end in April 2022. She says she has a legal right to staywww.aol.com
Elizabeth Hirschhorn’s Airbnb stay at an L.A. property owned by Sascha Jovanovic was supposed to end in April 2022. She says she has a legal right to stay
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I'd just have a camera installed pointed to the door of the ADU and make sure someone is always home, so in the event Hirschhorn leaves the ADU, go into the ADU and change the locks, and when Hirschhorn gets back, tell the her, there's a new "squatter" in town and get lost (and also call the owner home). What's Hirschhorn going to do? Call the police?
At the moment, selling any rental properties and buying Tbills is the better move.
One guy bought two cabins in the mountains. One guy bought three houses on a lake in an area with nothing going on. Another bought a beach house. So I figure the mountain and lake homes will be tricky to rent. They have significant drops in bookings and complain that everyone got in to Airbnb at the same time so now it’s saturated.
See post #28.