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Tenant on Tenant intimidation and harassment

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Latest post Fri, Oct 26 2007 11:49 AM by Drew. 5 replies.
  • Thu, Oct 25 2007 11:31 PM

    • Pacheco
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    • Joined on Thu, Oct 25 2007
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    Question [=?] Tenant on Tenant intimidation and harassment

    Tenant is bipolar and is extremely unreasonable. The tenant uses false accusations to to illicit restraining orders against other tenants. How can a landlord or manager evict a tenant such as this? Is this not considered a public nuisance?
  • Fri, Oct 26 2007 1:57 AM In reply to

    Feedback [*=*] re: Tenant on Tenant intimidation and harassment

    Whether the tenant has a mental illness is irrelevant. You cannot discriminate based on mental disability.

    How do you know that the accusations are false? Complaints by the tenants are not good enough. You cannot retaliate against a tenant for filing valid complaints.

    What is the public nuisance? A disabled tenant?
  • Fri, Oct 26 2007 11:12 AM In reply to

    re: Tenant on Tenant intimidation and harassment

    I'm afraid this sort of thing is something you'd want to discuss with a local real estate attorney. If this person isn't violating his-her lease terms, it may be up to the affected tenants to be initiating civil action against the accuser.
  • Fri, Oct 26 2007 11:49 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    re: Tenant on Tenant intimidation and harassment

    Suggestions from a LL

    The LL would be most wise to stay miles clear of T vs T issues. Like mega miles!

    If the T's are in violation of the lease then as LL you can proceed with eviction proceedings against them both. But I suspect if you proceed against just one you are playing with fire in CA's most liberal climate.

    (Nothing says that one hour AFTER you achieve successful eviction or surrender of the premises you cannot execute a new lease with any person of your choice--but if you agree to do same in advance I think you have a double fire if it surfaces )

  • Fri, Oct 26 2007 12:02 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    re: Tenant on Tenant intimidation and harassment

    Sorry--I thought you meant two tenants sharing same unit- are at odds with each other-

    If you meant one tenant harrasses tenant in next unit--you need a trip to skilled counsel rather soon.

    You are in a Catch 22 situation---in general if one tenant files a false charge against another its up to th tenant to defend himself-and nobody appointed or empowered you to do so.

    BUT under the broad concept of as LL you are required to give your tenants general safe habitable place--it can become your duty to keep halls and parking lots clear of thugs and liable if you do not. So its possible if a tenant is a loaded timebomb its your duty to protect your other tenants, but if the nature of his timebomb is a handicap other laws may say you cannot seek to limit his activities merely because he is handicapped--and inCA if you have a deep pocket you stand to lose --either way

    And what often happens is good tenant s bail and you have the bad one still there protected by society's rules.

    Go have a stiff drink--and get some input from sage counsel of tenant eviction matters in CA.

  • Tue, Oct 30 2007 3:02 PM In reply to

    re: Tenant on Tenant intimidation and harassment

    I have "terminated" Month-Month leases and "Not Renewed" expiring leases for just this reason. I had a 3-way war between tenants and all 3 eventually were sent on their way. I also used some leverage in unpaid rent, deposits etc... as a reason to begin evictions to get them out sooner.

    I have since added to my leases that any harassment of other tenants be it verbal, written, or unsubstantiated allegations would be considered a breech of the lease terms and eviction proceeding started.

    If she is getting close to end of her lease; I would notify her that you are choosing not to renew the lease and then wait it out....that is the cleanest way; however, look at your leases very close and try to find something that you could hang your hat on as a lease breech. I would also notify her in writting to stop these unsubstantiated allegations.

    Be very careful as well......she may be perfectly fine and the person complaining to you MIGHT be the culprit. There are some master manipulators out there that can spin a very convicing story.
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