If you're interested in discussing these kind of tactics further, I've made a Discord server for discussion.

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RENT RESISTANCE: HOW NOT TO PAY RENT

Landlords feel like they can do whatever it takes to make more money, whether it means throwing your cancer-struck grandma out onto the street or fining you a hundred dollars for paying rent late. So why do they think you're the asshole when you don't pay rent?

They'll tell you to your face: because they're running a business, and they want to make as much money as they can.

Well, they might be running a business, but we're running our lives. Why shouldn't we make as much money as we can? We don't need to be struck by cancer or lose our jobs or anything else. Why should we? They never have any 'reason' besides 'I own this property, so I get to make money off of it'. You rent it, so make money off of it.

This is possible to do on your own, but much easier and better to do with two or three people.

Note: Nothing in this guide is criminally illegal, but you will be sued (and likely make money off of it).

Step one, get a lease one way or another. The ideal way to do this is to step in on the lease of someone who wouldn't mind you doing this, e.g. a foreign student who's leaving soon. Of course, these opportunities are far apart and few between. You might have to end up, e.g. overstaying a 30-day AirBNB lease. (That being said, AirBNB may ban you for this - it is a better strategy to use AirBNB as a stopgap, last-minute solution rather than a source of marks.) The key is to make sure the landlord has as little an idea of who they are renting to as possible. Keep in mind, you need to stay for at least 30 days for this to work.

Step two, save up for a lawyer. If you have good legal insurance or can get it cheap you'll have to pay nothing, but most people won't. A lawyer, for the whole case, should run you a few thousand dollars, which should still be FAR cheaper than rent over the period of the lawsuit. Make sure your lawyer is halfway competent and agrees with you in terms of general strategy. Does he know what a Delta motion to quash is, and the fact that some courts no longer accept them? Does his fee include writs of mandate, and does he know what a writ of mandate is? Will he demur to the complaint? Does he understand the importance of getting the clerk to calendar hearings as far out as possible? What is his track record and experience? Is he afflicted with bourgeois sentiment, or will he fight tooth and nail for tenants, right or wrong? Will he file an affirmative lawsuit for you on contingency, or will you have to pay him hourly?

Step three, go around your house. Start taking note of everything wrong with it. Doesn't matter how minor it seems - you'll find that it often adds up. Electrical problems? Bathtub clogged? Garbage disposal rattling? Heater malfunctioning? Cabinets not closing? Windows letting in a draft? Write it all down and take pictures if you can.

Step four, in coordination with your lawyer, start complaining, then withhold rent. If it is a less professional company, the landlord may bluster, threaten, etc. Keep logs of everything, and record everything after the first episode (this is an exception to the two-party consent law), then forward everything to your lawyer.

Step five, do NOT answer the door for people you don't know. If they can't serve you, they'll have to seek an order to post and mail. This will add weeks or even a month or more to the process. Your lawyer should take care of everything else after that - make sure you've discussed strategy beforehand with them. At some point, your attorney will file a lawsuit against them demanding restitution for the habitability issues as well as any harassment you may have faced.

Step six, when the trial date has been set, it's time to leave. As long as you deliver possession before the trial date, they cannot proceed and must dismiss or convert the case to a limited civil action. Go get an AirBNB or a group living situation and either reapply for a new place or take advantage of the situation you find yourself in next.

Q: What about my credit score or my public record?

There is no public record of an eviction in California unless the landlord actually wins; other states will not have this bonus, however. Landlords will rarely report to credit bureaus in general. However, you don't know this; as such, try to avoid giving them your SSN in the first place. Your lawyer should be able to get you a full release as part of the settlement for the affirmative lawsuit, so this should not be a problem. It's part of the risk you take.

Q: What if my landlord tries to harass or threaten me?

There is a risk your landlord might try to do something stupid. You look a lot more sympathetic as a victim of harassment, and this can substantially increase your payout. All this said, don't be dumb - be armed in case they try anything and by California law, if they attempt to break in, you may use lethal force against them if you feel your life is in danger. However, do not reveal that you're armed or anything of the sort unless you truly need to in order to defend your life. Brandishing, etc. when you are not in actual danger is a good way to get the police interested, which you do not want. In any case, if you have a corporate landlord, it is unlikely they will do all that much but put a notice up on your door.

Q: Isn't this his property? What stops him from just coming in?

Real property is a bundle of sticks. When a landlord leases to you, or to someone who then assigns the lease to you, he hands you the stick of possession. You effectively own the property as against the whole world, including the person holding legal title. He is nothing but a trespasser on your property, and you can deal with him as if he is nothing but a trespasser if he attempts to come in and fuck with you. While he can, by statute, enter upon giving 24 hours notice, he can only do so if he has a good reason, and he cannot do so if doing so would lead to a breach of the peace even if he does have a good reason.

Q: How am I going to get a good reference?

Usually, the landlord will agree to a positive or neutral reference as part of any settlement. If all else fails, you can simply hop on to a roommate situation and get your roommates to vouch for you after staying in that situation for a bit. Then, use those references to push yourself into your next situation. If you can't get good references or even fake them (warning, faking references is likely legally considered fraud), or if you'd like to get back on the train ASAP, get an AirBNB.

Q: What if they change the locks on me?

Ideally, you'll have a person or two people with you. For the first few weeks after you stop paying rent, you should have one in the apartment most of the time to ensure that they do not mess with the locks. You should also set up a video camera to ensure everything is clearly documented. If they do mess with the locks, you'll have to call a locksmith (if you have proof of residence and the apartment complex is big enough that you don't have to worry about getting interrupted) or the police. You can technically break in yourself with either picks or a power drill, but this is highly suspicious and may lead to the police being called on you. You will, of course, sue your landlord for the trouble this causes you later on.

Q: What about my record? Even if the eviction is confidential, won't future landlords see my lawsuits against the landlords?

Make sure you sue as a John Doe, alleging fear of retaliation, physical harm, etc. This works better if you are a former victim of domestic violence or something similar.

Q: Lawyers are evil. They imprison us. They make our lives hell. Why should I trust a lawyer?

Call some. Talk to them over the phone. Hire the one that sounds both friendly and sociopathic. They're evil, but if you get one they'll be evil for you. Or do it yourself, if you've got the time and resolve.

Q: I don't trust the law, and I'll never believe it's on my side.

You won't know unless you try. If you're in California, try to find a way to sue your landlord in San Francisco or some other liberal jurisdiction (for example, look up property records to see if the person that owns your property also has properties there). Your lawyer will help you with this.

Q: My landlord has more money than me - won't he win?

Most non-debt-collection or eviction lawsuits are by poor people against rich people, because it's usually rich people who rip poor people off without ending up in prison, and almost all lawsuits settle. It's not poor people paying the money in those settlements.

Q: How does this interact with COVID?

In the Bay Area, before COVID, it could take more than 12 months to evict a tenant. Now? Hope you enjoy having a stable, long-term place to live rent-free.

Q: Isn't this fraud?

Don't lie. Just don't pay.

  • Baader [he/him]
    ·
    4 years ago

    Can anyone with legal knowledge confirm this?