SAN DIEGO — A new tenant protection ordinance just went into effect in San Diego, yet many people are wondering what rights do landlords have?
The new ordinance requires landlords pay between two months of a tenant’s rent if they're evicted through no fault of their own.
If the tenant is disabled or elderly, they have to pay three months of rent. It's part of a long list of tenant protections, which is frustrating for some landlords.
"It's damn near impossible to get anybody out of the house," said Roy Gunner.
Roy and his wife are having trouble evicting a group of people from their rental property following nine months of unpaid rent.
"They are squatters. They haven't paid a nickel,” said Barbara Gunner.
Barbara says they moved in after her longtime tenant died. She filed an eviction case, but the judge ruled against her, twice.
It all came down to what the judge called a "verbal lease agreement" formalized when Gunner accepted initial rent payments from one of the tenants.
Comments posted to CBS 8's Facebook in support of Gunner ranged from, ‘That's California, 'Anti-landlord state’ to ‘Who protects the owners?’
CBS8 sought answers from Joshua Tucker of Local Realty Law, a firm that specializes in real estate, with an emphasis on representing landlords.
"In other states like Arizona, it's much easier to remove a tenant," Tucker said.
Tucker acknowledged California has strict tenant protection laws, many of which came about during the pandemic.
He says landlords have rights too, including being able to evict someone for not paying rent. Still, it's crucial for landlords to take extra steps to protect themselves.
For starters, always have a written lease agreement.
Consider hiring a property management firm to handle the lease, or seek the advice of an attorney before writing one.
- Address rent or other issues as they happen; don't delay.
- Make sure the property is up to date with repairs.
- And, if you are trying to evict someone, everything needs to be done by the book.
“It appears there's forms you can fill out and complete and complete your eviction, but in this area of law if you make even a minor mistake, you have to start all over again. There's no room for any sort of minor errors,” said Tucker.
Tucker says he commonly sees eviction cases thrown out or landlords lose in court for this very reason.
In addition to filling out forms properly, he says eviction notices have to be served to each tenant, not just one person.
But, some question even if everything is done right, why do evictions take so long?
Tucker blames a backlog in the court system, as well as a lack of resources to deal with it.
“The process is not as streamlined as it was,” Tucker said.
As for the Gunners, Barbara has been representing herself. She’s now looking into hiring an attorney and attempting the eviction process once again.
WATCH RELATED: Landlord can’t evict tenants who ‘don't intend to pay a nickel’ (June 2023).