Oakland landlord stands to lose everything after tenant fails to pay rent for 3 years

OAKLAND -- Oakland is one of the last cities in the Bay Area hanging on to its eviction moratorium, which was introduced during the pandemic to protect tenants from eviction.

Many mom-and-pop landlords claim their tenants are taking advantage of the policy, leaving them at risk of losing their livelihoods. 

"I'm back due some rent ... $56,000 over the last three years from my tenant," said John Williams, as he read a sign he plans to bring to Oakland City Hall Tuesday.  

UPDATE: Oakland City Council votes overwhelmingly to end COVID-era rent moratorium

Williams currently lives in the top unit of the duplex he's owned for nearly 20 years. It is his only home. Renting it out was supposed to secure his retirement. But at the end of this month, he's facing foreclosure. 

He said for 10 years, his tenant in the bottom unit had paid $1,500 for the 3-bedroom, 1-bath, though the checks always came late or bounced. 

But in March 2020, she stopped paying altogether. 

"It's a nightmare," Williams told KPIX. "It's an absolute endless nightmare where it's ridiculous that we're put in this situation for three years, with no conversation, or any kind of dialogue on how do we recapture our funds, other than we have to go to court to do that, or chase them or lose the money."

The ordeal has taken a toll on Williams' health.

"I couldn't stand for nine months," explained Williams. He went on disability and currently is unable to work.  

In the last three years, Williams has amassed a stack of documents chronicling the problematic tenant. 

He said the woman living there never provided any proof of a COVID-related hardship. The tenant has been living rent-free with two children at the property for three years. 

In fact, Williams provided documentation of the tenant's storage and transportation business registered to her address. He often spotted movers and moving trucks outside of his home. The tenant also runs a local massage business, according to phone records. 

KPIX got in touch with the tenant over the phone. She confirmed her identity but declined to say anything further. After she was asked why she hasn't paid rent in three years, she hung up the phone.

Currently, Oakland landlords cannot evict tenants over COVID-related rent debt. During the pandemic, Williams tried to sell his property but said he was ultimately unsuccessful due to the tenant's occupancy.  

Williams also said he had offered to forgive all of the woman's back rent, if she would just move out. He said she declined that offer.

"Those kind of folks who are abusing and the fraud in the system. Those kind of tenants should not be covered by the tenant protections," said Williams. "I'm totally here for the tenant protections, but when it's unlawful such as this case is, I think that should be a reasoning to remove any protections for anyone."

On Tuesday, the Oakland City Council voted to end the moratorium in phases. 

Williams and many others are already running out of time. He said he has no idea what he will do if he can't come up with the money and his home is foreclosed come May 1. 

Tuan Ngo with the volunteer housing provider group In It Together said many landlords have cleaned out their retirement savings to make mortgage payments and pay property taxes. 

On Monday, after repeated requests to meet with Mayor Sheng Thao, he and group members met with representatives from Thao's office. 

"We did not meet with the mayor. Her staff said she didn't have a plan to reimburse these housing providers for their retirement savings that they have been robbed of, and there's no plan to save people like John Williams from foreclosure," said Ngo. 

Williams said lawyers' fees are costly, and legal proceedings are slow and cumbersome.

Last year, Williams sued Alameda County and the city of Oakland as part of a class action lawsuit. It claimed the eviction moratorium is "invalid, illegal, and unenforceable." It seeks an end to the moratorium and damages for the landlords. Williams said there has been no recent activity with the case. 

"It's a heavy burden to kind of bear every day - financially, emotionally and physically, it's just a lot," he said. "It's truly just a sad day for Oakland."