Summary: A 66 years old female homeowner P. C. is suffering from stress because her 40 years old engineer tenant hasn’t paid rent for 3 1/2 years.
Landlord Story Input Form: The intent of this form is used as a guidance for landlords to inform our legislatures in writing and allow them to understand more of landlords’ situations. BetterHousingPolicies.org will be keeping this for our record and sharing with the legislatures, posting on our websites, social media and sharing with the public. It is very important that you are stating the facts and the actual event that happened. You may write it in Chinese, call or Wechat Tina Wong and we will try our best to help you translate it into English. Please email it to tinacwong@betterhousingpolicies.org.
Today’s date: 05/30/2020
Your initial: PC
Are you a registered voter? Yes
Tell us about you
1) How many people are in your household and who are they?
Currently 3 people: Me, my daughter, and my partner.
Previously, there were 6 people: Me, my husband, my daughter, my son, my mother, and my father-in-law.
2) What was the combined household income at the time when you purchased the property?
I purchased it 30 years ago and don’t remember.
3) What kind of job did you do when you purchased the property?
I was a medical record clerk when I 1st purchased the property and had 2 other part time jobs after 2nd year of purchase. My husband was a contractor working 6-7 days a week.
4) What city did this happen?
San Francisco
5) Which district is this property located?
Mission Terrace
6) What type of property, condo, Single family residence (SFR), 2-4 units or 5 units and more?
SFR; front is a one story with 2 bedrooms and 1 bath; my husband made a permitted 3-story addition in the back in 2005 for our family.
7) Is this a rent control unit or property?
Yes, because I separated the front portion and back addition where we currently live. I rent out the front portion of the property.
8) Why did you lease out part of your property?
My husband passed away in Jan 2006, my father in-law also passed away in March 2006, my daughter left for college in 2006 and my son also left for college in 2007.
Between 2007 and 2010, I would rush back to my mom’s senior apartment to take care of her overnight after work, and did not spend as much time at home because of this.
Since I was spending less time at the house and everyone moved out, it only made sense to rent out the front portion of the house. I also needed the extra income to pay the mortgage, my children’s college education, and support my aging mother. That is why I leased out the front portion of the house in 2007.
9) When did the lease start and end, how much was the rent?
Lease started on Feb. 21, 2007 and was a one year lease. The rent started at $1,600 and the current rent should be $1,730 per month.
10) Background of tenants at the time of leasing your property, profession and number of their household?
The tenant is a 40 years old Canadian who was working in Silicon Valley and had to relocate to work in SF. He showed me his stock statement and bank statements with a total around $300,000 in stock and cash value, he was also driving a nice car, I think it was a Mercedes Benz. He mentioned to my leasing agent that he was going to stay just a year or so plan to buy his own property. He would be the only person living there. He has not worked since 2016, and I believe he felt he did not need to go back to work as he’s not been paying rent and, thus, getting free housing from me.
11) When did you 1st find out the situation that the tenant was not paying rent, you may just provide the year if you don’t remember the month and day?
He stopped paying rent at the end of 2016.
12) What was the situation and event, please describe in detail as much as possible:
I wanted to regain the front unit of the home, as we needed more space. My son moved back from college in 2015 and my daughter moved back about a year later with her boyfriend. I am also getting older and it has been difficult for me to walk up the many stairs to my bedroom from the back unit where we lived (our home is built on a slope), so I wanted to move into the front of the house as it is just one story.
I believe I discussed this with the tenant early in 2016 and offered to pay him a relocation fee for the Owner Move-In eviction. He signed an agreement with me and I paid him ½ of the relocation fee required according to the SF Rent Board fee schedule, he accepted and cashed the check. Then he stopped paying rent at the end of 2016 and he verbally told me that he lost his job. He said that he could not find a suitable property he wanted to rent so he refused to pay rent or move out. He also claimed that he was entitled to stay without paying rent under the San Francisco rental ordinance and said he has tenant’s rights in San Francisco. I hired an attorney in Jan 2017 and started the eviction process due to non-payment of rent until now. He still has not paid rent after 3.5 years.
13) What did you do to handle the situation, please describe in detail as much as possible.
I want to start off by saying that the legal process is very complicated and very difficult for me to comprehend as English is not my first language. Even my daughter, who has been helping me with this process and whose first language is English, has trouble understanding everything that has transpired, even after consulting with the lawyer to get more clarity.
- I hired my first attorney in January 2017 for the unlawful detainer case, and worked with him until November 2017. There was some sort of blocker created by the tenant and the attorney wasn’t able to proceed, which is when I moved the case to another attorney.
- I started working with my second attorney in November 2017 and am still working with him. Again, it is difficult to describe exactly what has occurred over the past 3.5 years with the lawyers, legal filings, court appearances because so much has happened that was difficult to understand. (You may look at the court records to get the detailed information.)
What I can say is that I have accompanied the attorney to court on several occasions and have seen him speak with different judges in court. We never got a judgement. We could have easily From what the attorney shared with me, it seems that the judges and the courts tend to be sympathetic to the plight of tenants, and thus approving their requests for extensions and appeals. This is basically what has been going on for the past 3.5 years. The tenant would find ways to stall the case, and has been very successful at it. The tenant, himself, even filed for the case to be reclassified from limited to unlimited – yet another tactic to create delays. There were times when he also did not show up in court, yet somehow would still get his way to delay things.
I often wonder if the courts ever made an error or missed something that would allow the tenant to get all of these extensions and other requests granted.
From what I recall the case has also been appealed twice by the tenant. During the most recent one in late 2018, my attorney even had to hire a specialized Appellate attorney to work on the appeals case. This cost me an extra ~$15,000, and extended the case until spring of 2019 – over an entire year! My daughter and I attended this hearing and it was clear that even the judges felt that this case was a waste of time as his reasons for non payment of rent for 3.5 years is irrelevant. I want to emphasize that this man is wasting the courts’ precious time and resources. In fact, he is wasting everyone’s time and resources. Why are they allowing such ridiculousness? His reasons for non payment of rent do not make sense. He is playing games and the courts should not find this acceptable. This case needs to be prioritized and expedited by the courts.
We are waiting for the case to go to trial court, but due to COVID-19, everything is now on hold – again. We just want to get this over with. All the pain, time, and financial hardship this has caused our family is unnecessary and needs to end.
14) How did the situation get resolved or has it been solved?
It still has not been resolved since the end of 2016.
15) Are the same tenants still living there?
Yes
16) Did the tenants damage your property when they moved out and how it was damaged, do you have any evidence such as photos or videos?
He has not moved out yet. The last inspection and every inspection I did, I had to call a sheriff in order to get in. He has also locked the door from the inside during one of the inspections, even though I gave him a 24 hour notice. He would not let us in and I had to call a locksmith and the police to get in. He has garbage and debris throughout the property, black out shade installed, Christmas lighting installed along the baseboard, and took out all light bulbs. I have no clue what he is doing inside. Because of this entire situation and his demeanor, I often feel scared.
17) How much money did it cost you for repairs?
I haven’t been able to make any repairs. This was a newly remodeled property when the tenant moved in, but current condition is unknown because the tenant refused to let me inspect my own property. I needed to call the sheriff for contractors and myself to get in to repair things, such as plumbing leaks, which I suspected was due to excessive water usage. I am not even allowed to go inside my own property, even with the 24 hour advanced notices.
18) How much money did you pay your attorney?
I have spent $51,000 in attorney fees and have not received a total of $72,660 in non payment of rent that he owes me over the 3 1/2 years. The rent is currently $1,730/month has not been collected since the end of 2016 plus utilities fee.
19) Did your insurance company pay any money to those tenants for any settlements?
Insurance is not covered. I have to use my savings for attorney fees.
20) How much did your insurance premium go up after insurance paid the settlement?
I could not claim any insurance, so insurance did not go up.
21) How did you feel about the whole ordeal?
- I am angry and frustrated but numb!
- I. I am a 66 years old Chinese woman that is taking care of my 95 years old mom. My mom wants to move back in with me, as she is very old now and afraid to sleep alone needs 24hours care, but I don’t have the space. I cannot even accommodate my own mother because of this squatter.
II. I have been stressed because of the current situation, and so angry and frustrated with the tenant not paying rent. He is basically taking advantage of me. I feel like he’s robbing me of my hard earned money, my savings, my happiness, and my peace. I should be able to retire soon, but I don’t even know when this would be possible. I am still paying attorney fees and not collecting rent. I was diagnosed with breast cancer in 2018, which has also taken a toll on me physically, mentally, and emotionally.
III. In February 2020, I broke my hip and leg. This is a very serious injury and surgery. I was not able to stay in my own house during the recovery, again because of the many steps and multiple stories there in the back unit, where I resided. I had to stay somewhere else, which is ridiculous. It is ridiculous that I still cannot reclaim the front unit of my house (where I could have recovered) because of this unlawful detainer and non payment of rent. This is a house I worked very hard for, and now I feel as if someone else owns it and is holding it hostage from me.
IV. My children had wanted to come back home, but there is not enough space to accommodate everyone. Now my son has had to rent a room elsewhere. This is ridiculous that I cannot provide housing to my own son and he has to pay rent to live elsewhere, because we cannot get our property back. This is no longer an owner move in but an unlawful detainer.
V. I am still working and CANNOT retire because I still have attorney fees and am essentially supporting a squatter who is taking advantage of me.
- Before I swore an oath to become a US citizen, I studied 100 questions and answers. I thought I swore into the US Constitution and the supreme law of the land. The current state legislature and SF supervisors do not protect people like me, who worked hard to achieve the American Dream. I came here as an immigrant, learned English, worked multiple jobs per day, 7 days a week, and was finally able to purchase a home. Now, I am taken advantage of, I feel violated, I feel robbed, and I feel as if I have no rights.
I want to reference the Capitalist and Market Economy Systems, Rule of Law and the Cold War between the Soviet Union and the United States.
- Capitalist and Market Economy Systems – The economic system of the United States is capitalism. In the American economy, most businesses are privately owned. Competition and profit motivate businesses. Businesses and consumers interact in the marketplace, where prices can be negotiated. This is called a “market economy.” In a market economy, businesses decide what to produce, how much to produce, and what to charge. Consumers decide what, when, and where they will buy goods or services. In a market economy, competition, supply, and demand influence the decisions of businesses and consumers.
- Rule of Law– Everyone must follow the law. Leaders must obey the law. Government must obey the law and no one is above the law.
- During the Cold War – “The main concern of the United States during the Cold War was the spread of communism. The Soviet Union (Union of Soviet Socialist Republics, or USSR) was a powerful nation that operated under the principles of communism. The United States and its allies believed that a democratic government and a capitalist economy were the best ways to preserve individual rights and freedoms. The United States and its allies feared the expansion of communism to countries outside the Soviet Union.”
California and San Francisco has become a socialist state and city by rewarding people who do not take responsibility and who do not contribute to society and only take government money and blame housing providers for the consequences of their own actions. Why am I to be punished? Why do I have to house someone for FREE? Why can’t I take back my own property even after 3.5 years of non payment of rent? WHY IS IT TAKING THIS LONG?
22) What did you learn from this ordeal?
- I am wary of tenants in San Francisco and have shared with many people my story. Because of this, I have discouraged people from renting their property in San Francisco as it has proved to be very dangerous for landlords here.
- I have been oppressed and abused by the government legislature, which only protects the people who do not abide by or respect contract rights and promote tenants to take advantage of housing providers. The Board of Supervisors only care for how many votes they can get to retain in their seats. It is sad that I cannot trust the government or law makers in San Francisco. The law here does not help hard working people like me. It seems to only protect squatters, like my “tenant”. Why else am I still fighting to get my property back after 3.5 years of non payment of rent and an unlawful detainer?
- San Francisco rent control has gone so far left that is promoting tenants and criminals to take advantage of housing providers. San Francisco Board of Supervisors and the Mayor, CA Assembly members, senators and Governor encourage more “victims” to blame others and not look for real solutions. They allow tenants to utilize rent control to abuse housing providers by continuously making laws to “protect” those who do not contribute and leech on the society.
23) What decision did you make after this ordeal happened?
I am not going to rent out my property anymore because I cannot afford the cost of attorney fees and I have no rights as a property owner in San Francisco; especially since the legislature protects only tenants and does not offer protection to all citizens equally.
24) What changes would you like to see by sharing with your legislature and share with the public; and any other comments?
- My hope is that my very unique case can be prioritized and expedited by the court.
- My case exemplifies the loopholes of our judicial system and procedures which allow criminals to drag on cases like this for so long, continue to harm and punish the hard working class, and take away property ownership rights yet permit criminals to continue to take advantage people like me. This is a waste of my time and my taxpayer’s money. Not paying rent is the 1st reason for eviction and writ of possession, it should be changed.
- Housing providers should also have free attorneys, not all housing providers are rich and not all tenants in evictions are poor and victimized.
- I believe some rent control can protect some vulnerable people but current rent control laws and regulations in San Francisco have gone so extreme that authorize and encourage people to exploit the legal loopholes to abuse housing providers. The San Francisco Board of Supervisors should recognize when someone is taking advantage of the system and of their tenant rights. This has obviously gotten out of hand with so many cases in San Francisco, and not only mine.
- Our San Francisco Board of Supervisors, Mayor, CA Assembly members, CA Senators, and Governor should practice and preserve the US Constitution.
Story taken by Tina Wong
The report stated above is true. We hereby authorize BetterHousingPolicies.org to share and publish it.
Story Link to Skyline TV: https://www.facebook.com/watch/?v=2324417817863993