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two years, even though she started the eviction before the Moratorium. She presently has one paying tenant, the old man. Now that she has exhausted her savings, she has to get a loan to cover the building costs, mortgage, taxes, etc. of the beautiful building she was so excited to own, but the tenant will not let the appraisers in. She is going to lose this lovely old building. Probably to developers who will tear it down to make way for luxury units.
James Burling, Vice President for Legal Affairs, Pacific Legal Foundation in Sacramento said it best:
“It should be noted at the outset that landlords are not in the eviction business; they are in the business of providing housing to those who can pay for it. Most landlords in a situation like today’s crisis will try to work something out with tenants who are in trouble through no fault of their own, as opposed to tenants who are troublesome. Landlords are neither a charity nor the source of unlimited resources by which they can maintain housing in good repair while paying taxes, interest, and utilities for free. Any leasehold that results in an eviction represents a failure both for the lessor and lessee. No one wants to evict a tenant and no tenant wants to
be evicted. But sometimes eviction is the only remedy.” (Burling, James: California Litigation Vol. 34 No. 1 2021 p. 31).
To drive the point home, in my 12 years of practicing real estate and commercial litigation, NOT ONCE has a landlord come in wanting to evict a tenant for the purposes of collecting more rent. It is almost exclusively for non-payment of rent or interfering with the peaceful enjoyment of other tenants. This is reflected in the many affordable units throughout Los Angeles where families have peacefully lived for many years with low rent and without problems. We believe tougher eviction control laws will drive out the small business, “mom and pop” and minority landlords which will result in more development of corporate owned high-end properties, gentrification, and disparity in wealth. Again, look at Los Angeles, San Francisco, New York. Strict rent control/ eviction control and highest amount of people experiencing homelessness. Coincidence? I think not.
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20 JUNE 2021 - APARTMENT MANAGEMENT MAGAZINE AMM1/6
Jenifer Anisman, Esq. is an attorney at the Law Firm of Harold Greenberg in Los Angeles. You can reach Jenifer at Jenifer@hglaw.pro or via telephone at (323) 732-9536.