No, he didn't.
Since you own property, I'd expect you to read not even the fine print...the very large print. They can't just up and decide "well f*** this landlord, I'm withholding rent for the next 18 months, yippee."
- "Nonpayment of rent, late charges, or any other fees. Landlords will not be able to evict a Tenant if the Tenant can show an inability to pay rent and/or related charges due to financial losses related to:
- A presumed or confirmed diagnosis of COVID-19 or caring for a household or family member who is presumed or diagnosed with COVID-19;
- Layoff, loss of hours, or other income reduction resulting from business closure or other economic or employer losses due to COVID-19;
- Compliance with a recommendation from the County’s Health Officer to stay home, self-quarantine, or avoid congregation with others during the state of emergency;
- Extraordinary out-of-pocket medical expenses related to diagnosis and testing for and/or treatment of COVID-19; or,
- Child care needs arising from school closures related to COVID-19.
- The state of emergency regarding COVID-19; or
- Following government-recommended COVID-19 precautions.
- A No Fault eviction reason, unless necessary for health or safety reasons
- COVID-19 related violations for temporarily housing unauthorized occupants or pets or causing a nuisance."
Unless you're one of the severely overleveraged AirBnB scumbags I sincerely doubt that all your tenants suddenly have documented proof of an inability to pay rent due to COVID-19 for an entire year. And, if by some unfortunate coincidence they are, I would expect you as a landlord to exercise
some sympathy AND this is the part where they would tell any good business owners to have some reserves for at least a few months worth of vacancy. If not, that's just bad business, not a rights infringement. And Re: rights--your tenants have rights too, especially in california--and that's where the conflict lies. your right to collect rent collides with their right to not have the rug pulled out from under them immediately following a force majeure loss of employment. Unless you forcibly had your eyes closed at the time, you may remember right when this hit and people started losing their jobs a lot of landlords were immediately filing evicition notices...I'm curious to know what your interpretation of rights for those tenants were? To me, their right to shelter in a crisis is an overriding factor, and if you're worried about your mortgage, every smart property owner I know that's run into payment issues is getting sympathy from their servicers to make payments on the back end of the mortgage instead of immediately. Yet, I know more than one landlord who is leveraging the forbearance yet still collecting rent, sadly. Again, this sounds like a conflict you have being unable to tell where "my" rights end and "others" rights begin. You've demonstrated a lot of that, especially in going out of your way to illustrate that "not harming others" is a responsibility rather than a right. Get out of here with that.
Now, I agree I'm not a big fan of "executive orders" and "emergency powers" so I think you DO have a legitimate gripe to a degree there, albeit a temporary one. But good luck with that lawsuit, I'm pretty confident they'll actually rule, ironically, in favor of your tenants' right to property over yours.