If you’ve been thinking about buying a rental house, then today’s story will be of special interest as it is advice from a tenant on how to be a better landlord.

34 year-old Motion Graphics Artist Andrew Benninghoff and two roommates live in North Hollywood, California, renting a lovely 2500 square foot home from one of our clients who grew up in the house, inheriting it from his parents.

For years, telling me about the respect and care these tenants had for the property–I asked him to put me in touch with them, and this story is the result.

“They Have Been Incredible Landlords Willing to do More”

“Your clients have been incredible landlords!” was the first thing that Benninghoff stated, adding, “They go the extra mile to see to it that problems are dealt with immediately. And that is such an important quality a good landlord must have, willingness to do more than just the bare minimum. I have been renting for 13 years, from 7 different landlords, none like these people.

“We once had a rodent problem, but when the first pest control company wasn’t getting the job done, they immediately found another one that did. In my experience, few landlords would ever make the effort to remedy a problem as fast as they did, or continuing to check in as often, monitoring until it was solved,” he points out.

Caring Builds Loyalty – Don’t View Your Tenants as a Cash Register

Landlord/tenant is truly a special legal relationship where property worth hundreds of thousands of dollars is entrusted to tenants who have the ability of protecting or destroying it.

In my law practice, I’ve met wealthy landlords–who own several apartment houses–yet seem incapable of thinking, “These people just want to live their lives in a comfortable, properly maintained dwelling, and I have the legal obligation to fix what’s wrong promptly. And, if I do, they will become my best tenants ever.”

Instead, tenants are but cash cows to these money-obsessed landlords who openly wonder, “Why can’t I find good tenants?”

Benninghoff sees a good landlord as, “Wanting happy tenants living in the rental, and should radiate a positive, friendly and helpful attitude towards tenants. When you are fair and show that you care about their welfare, tenants think, ‘I’ve never had such nice landlord. You bet I am paying the rent on time!’

Involve Your Tenant in Problem Solving

In a perfect world, if a problem arose in a rental unit, the tenant would phone the owner or property manager and the matter would be addressed in a timely manner.

But that doesn’t always happen, and part of the reason is that tenants are often afraid of rocking the boat—complaining–for fear of being evicted for issues dealing with habitability, even though that is illegal. Benninghoff has a recommendation for tenants and landlords both when one of these situations arises:

“If the landlord doesn’t know of the problem, it can’t be fixed. The tenant has to take the initiative to call attention to the matter. Countless people would simply sit on it until is unbearable rather than act more quickly. If it is something serious like heating or plumbing, keep calling every few hours until you get the right person on the line! Don’t be shy! Remember, laziness spells disaster for either side.”

Do Your Homework – Don’t Be Too Eager!

Lawyers pull their hair when clients say: “It was late on a Friday, they just showed up at our house, had lots of cash for deposits, and the rental had been vacant for two months so I let them move in right then and there. But it has been months and they refuse to pay me the monthly rental! What should I do?”

“Especially in a city like Los Angeles, where there are flakes and phonies everywhere, sizing a person up can be very difficult. You could have a great conversation, find the person to be charismatic, and have a great impression only to later find out that they are lazy when it comes to actually doing anything, like paying the rent!

“So my advice to beginning landlords is to realize that you are in business and must protect your investment. Check out anyone wanting to rent from you and do not get blinded by the color of money, allowing really awful tenants to occupy the property.”

And his concluding advice to would-be landlords?

“Are you willing to put in the time it takes? Becoming a competent landlord takes more time and dedication than people initially think. I would never want a landlord who thinks the job will be easy and won’t require much effort.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Landlord/tenant law impacts everyone.  Not just landlords or tenants, but all of us — especially when domestic violence hurls itself into the worlds of law enforcement, lawyers and the courts.

Being the victim of domestic violence is bad enough if you are a homeowner, have a permanent roof over your head and can obtain a restraining order. But things become much more complicated for renters.

What happens when John, who had just signed a year’s lease and moved into an apartment by himself, now fears for his life, and fully understands that the longer he remains there, the greater the danger of really being again hurt by Bonnie, his recently former girlfriend, who went off the deep end and is now stalking and threatening him?

If he moves out, is he still on the hook for the balance of the rental term?

“Recent amendments to California laws first going into effect in 2010 should prove to be life-savers — literally and financially — for the many tenants and their landlords who both can easily become victims of domestic violence, physically, emotionally and financially. The elderly and dependent adults are now included in the definition of victims of domestic violence,” Attorney Heidi Palutke of the Sacramento-based California Apartment Association tells You and the Law.

Opportunity to get out of the lease

“Using your example, John has been beaten up by a former girlfriend who does not live on the property. The only way to be safe — even with a restraining order —is to move. However, John is two months into a one-year lease. Before the law changed, if he moved out, he could still be responsible for the balance of the lease if the landlord could not rent the place.

“Now,” Palutke continued, “he can terminate the lease by giving the owner a 30-day notice, and include one of the following:

• A temporary restraining order, emergency protective order, or protective order issued within the last 180 days.

• A copy of a report written within the last 180 days, by a state or local peace officer acting in an official capacity, stating that the tenant or household member has filed a report alleging that he or she or the household member is a victim of domestic violence, sexual assault or stalking.

Attorney Palutke notes that, “While tenants do not need to remain in the rental for the full 30 days, they are responsible for the rent.”

You want to let them back in?  Really bad idea!

But the law places an important obligation on tenants as well, based on common sense and fairness, as Palutke was quick to stress:

“The landlord can’t terminate a tenancy or fail to renew only because of domestic violence when the perpetrator doesn’t live in the same dwelling.

“But when a tenant obtains a protective order or has made a police report and still allows that person to return, then the landlord absolutely may evict,” adding:

“From the largest property management company to retired couples who own rentals, they all have important legal obligations to their tenants. Of course, rental units must be habitable and properly maintained, but their duty goes much further and requires being mindful of things which are a risk to other tenants.”

She said that “a tenant who asks help from law enforcement or the courts and then invites the troublemaker back in often exposes other tenants to a risk of harm as well.

“These laws provide that when the landlord reasonably believes that even if they do not return, the risk that their presence could threaten physical harm or would interfere with other tenants just going about their lives — then the tenant could still be evicted, under certain conditions,” she said.

Change the locks

Another measure these laws address is changing locks, and is something all landlords and tenants need to be aware of, Palutke  said:

“When a tenant receives a court order that excludes a co-tenant (let’s say, a spouse) from the same dwelling unit as the protected tenant, a landlord is required to change the locks within 24 hours of receiving a copy of that court order.

If the perpetrator does not live in the unit, that order or police report justifies the landlord changing the locks In either case, the tenant may have the locks changed — without permission — and provide a key to the landlord.”

Roommate? Security deposit?

“And what if John has a couple of roommates?” I asked

“Unless they are also protected persons under the court order,” explained Palutke, “they are not off the hook and are still subject to terms of the lease.”

Finally, the California Apartment Association’s attorney addressed the issue of security deposits.

“The owner’s obligation of returning the security deposit is only triggered when the unit is vacant.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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While I’m not a good cook, I do have the perfect recipe for anyone who would like to become the victim of a crooked landlord. This recipe is based on an e-mail received from “Maria” in Southern California.

Skewered tenant in chicken broth

(1) One ripe for being ripped-off, first-time tenant, middle-aged woman afraid of her shadow and especially of macho men.

(2) One part macho, greedy, dishonest, verbally abusive landlord; (Aside from that, he’s a really great guy.)

Add: One building, single-standing structure with parking lot, to be called Maria’s Family Restaurant.

Preparation

Mix ingredients and then add lease, biased in favor of the landlord, containing a paragraph which reads, “Tenant is leasing the entire building and parking lot. Should tenant consult a lawyer to review the lease, or should tenant propose any changes at all, landlord will refuse to rent and any funds deposited will be forfeited.” Additional language in the lease requires tenant to pay her share of common area maintenance charges.

Have tenant sign lease without review by an attorney, move in, spend several thousand dollars in improvements. Bake at 98.6 for 12 months and observe restaurant business grow. Every month, have landlord bill tenant $1,086 for common area maintenance charges, but refuse to repair A/C or heater when they fail.

Remove from oven, and have landlord mail tenant the following notice:

“We will be sending in a crew to repair handicapped spaces in your rear parking lot and install a new ramp to protect landlord from lawsuit. This will not be charged to you.”

Months later, have landlord next send a bill to tenant in the amount of $8,000 for the ramp. Put back in oven. Turn up the heat. When tenant cannot pay, landlord parks a For Lease sign in front of the restaurant, interfering with the business, even though rent has been paid on time every month.

Why this recipe will make you sick

If you recall an earlier story we did on common area maintenance charges, then you know they refer to literally, “common areas,” where several tenants both benefit from and contribute to the cost of maintaining parking lots, lighting, janitorial, gardening services and so on.

But, what if there’s only one tenant? Can there be “common areas” if you are the only tenant? That’s the legal issue.

“There can’t be any [common area maintenance] charges when you are the only tenant,” Southern California Attorney and real estate author John Linford told me, shaking his head in disbelief when I ran the facts of this case by him.

I’ve known John for years and respect his belief that it is the duty of every landlord to be fair to tenants — and the duty of tenants to pay rent on time.

“Beav, you and I both know that [common area maintenance] charges are for maintenance only, not capital improvements, such as a handicap ramp. That’s something which makes the property more useful to the landlord, and legally cannot be passed along to the tenant. Maria is being ripped off. Tell her to get into a lawyer’s office today. I have never heard of such a thing. Her landlord sounds like he is a member of the Soprano family.”

When her e-mail came in, all I had was a name — Maria — but no phone. So, I e-mailed back, “Please call me at once — you are being ripped off.”

It was not Maria, but her 28-year-old daughter who returned the call, hours later. When I said that they needed to see a lawyer immediately, that statement was met with, “Really? Do you think so? We don’t want to cause any trouble,” the giggling daughter replied. She sounded like a 12-year-old going on 7.

“Yes, I do think so. Your mom is being cheated. You need to find a lawyer in your part of California today,” I said in my “call 911” tone of voice. “Call me so that I know she is getting legal help. This is serious stuff. Your mom is a crime victim. I am not exaggerating.”

The longer we spoke, it became clear that I was witness to a total disconnect — a complete failure to see how much of a mess they were in, how completely unprepared they were to go into business and become commercial tenants in the first place.

It just made me mad — both at them for their own stupidity, and possible other family members who needed to do everything possible to stop Maria from getting into business without first seeing a lawyer.

Two days later, no call. I e-mail Maria. “What is happening?”

She replies, “I can’t find a lawyer to help me. I just got a bill from my landlord for taxes — $12,000 the first year, $7,000 the second.”

Despite sending them several follow-up e-mails, I never did hear from Maria or her daughter again. I doubt that I ever will.

Did they eventually find a lawyer? I can only wonder. That’s the frustrating part for me, in writing this column.

But it’s more than frustration, almost as if I were a ship’s radio operator on April 14th, 1912, in the North Atlantic, sending out a Morse Code message which would read: WARNING ICE! TITANIC DO YOU COPY?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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January 9, 2016 • By Dennis Beaver

‘How much control can a landlord have over the lives of tenants, and especially, tenants who have children? Does owning an apartment house give the owner a right to dictate behavior? And if so, what are the limits?”

“I plan to use my 401K retirement savings to purchase an apartment complex located close to where we live, here in Chico. One of the nice features is a large swimming pool and hot-tub/Jacuzzi,” Russell’s email began.

“Noise, rudeness, loud parties often comes with apartment living in a college town, and I want tenants who respect each other’s desire to not be annoyed, and specifically by children. So, I drew up a list of house rules and would appreciate your opinion. I admit to being a control freak, so if any of this is not legal, I will just invest in something else and forget being a landlord.”

Under “Requirements for Families with Children,” the following were listed:

Due to the risks of heat exposure, young children are not allowed in the Jacuzzi at any time and may not be in the swimming pool unless supervised by an adult.

While in the pool, if there is any roughhousing, screaming or yelling by your children or your guests, you will be warned the first time, and if this behavior is repeated, eviction is possible.

Children are not permitted to play on the parking lot, but are encouraged to use the common, grassy areas. The use of Frisbees or objects–such as baseballs-capable of breaking windows or harming other tenants and their property is strictly forbidden. The public park, located one block from here, is for those activities.

For their own safety, children must return home no later than 7 p.m.

We ran our reader’s question — and his House Rules — by San Diego attorney Craig Fagan, who has spent over 16 year representing families who are victims of housing discrimination.

“Dennis, your reader is not alone in believing that he can exercise such a high degree of control over tenants. Many landlords who do not understand Fair Housing laws feel that way and wind up in legal hot water.”

“First, any rule that attempts to impose a curfew on children is going to be declared illegal. There’s nothing wrong with ‘quiet time’ from 10 p.m. until 8 a.m., but a landlord cannot have a curfew for children only,” Fagan points out.

“House rules that neutrally apply to all residents aren’t always legal. You cannot have rules that prohibit children from playing. Many landlords try to hide the fact that they are targeting children with rules stating, ‘Tenants cannot play.’ If a rule disproportionately affects children, it is considered discriminatory even if it is neutral on its face,” he observes.

“However, some rules are permissible. In a swimming pool, a landlord can say that children under 14 must be supervised by an adult. In many states, that is the law, and also makes sense as children that young generally need supervision.

But you cannot say, “Children may never be in the Jacuzzi because exposure to high heat is a known health risk,” because a 17-year-old minor would be perfectly safe in a Jacuzzi.

We asked Fagan, “What would be a truly dangerous situation where the landlord can legally impose limits on where children could play?”

“Parking lots are a good example. ‘No playing in the parking lot’ addresses a real danger to children. But, ‘I am worried about kids being injured, so they cannot play anywhere outside on the common areas,’ is too broad.”

What are the most common violations of Fair Housing Rules?

“Imposing unreasonable conditions on where children may play and what they can do tops the list of common violations of Fair Housing rules,” according to Fagan. These include rules which:

Require supervision of children playing in common areas. This is a covert way of saying, ‘Children cannot play outside at all.’ So, just visualize teenagers who come home after school while mom is at work. With these types of rules, they can’t even sit outside and use their I-Pad. Obviously they need no supervision, and this is one way of keeping the kids indoors.

Forbid playing outside. Typically, they will say, ‘There is a park down the street—go there to play.”

Dictate a schedule, state how kids may play or to what time they can be out.

There is more to being a landlord than simply buying an apartment house. It requires knowing your legal responsibilities. Fagan’s website —www.discriminationiswrong.com — is an excellent place to begin.

And Russell? He probably should consider some other type of investment.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Eric and Cindy have never met, but they both have an identical legal problem and contacted You and the Law the same day.   Just how do you legally deal with property that has been left behind when a tenant — or even former spouse — moves out and refuses to take the stuff away?

“My roommate — who was my subtenant — moved out months ago and left his enormous speakers and turntable. He hasn’t come back to either pay what he owes or remove these things,” Eric wrote.

“I don’t know where he lives, but believe he is working at the same place,” he added.

While Eric is only concerned with his former roommate’s stereo, Cindy has much larger mess on her hands:

“Our garage is filled with my former husband’s rusty shop tools, bins filled with junk, boxes of books, you name it, the pack-rat collected it and now refuses to remove this worthless stuff from my property, even though our divorce settlement required him to!

“He hasn’t come by in over a year, even though I have repeatedly begged him to take all his stuff away. It is clear that he has no intention of doing so. My lawyer wants $3,500 to go back to court, but I do not have that money, and I do not see the point as there is already a court order in effect. What can I do?”

Possible abandonment

We ran these facts by attorney Heidi Palutke of the California Apartment Association, who gave us a basic outline of what a landlord can do when faced with property left behind, and possibly under the right fact situation, someone in Cindy’s situation as well.

Due to space limitations, we can only provide this general description of the procedures required to follow, and therefore online research or consultation with an attorney is absolutely necessary.

Notice of abandoned personal property

“There is a fairly simple procedure for dealing with these common situations when tenants move out leaving behind personal property, but it is important it is to follow the law precisely and take steps to prevent the tenant from claiming that the landlord committed theft.

“The first step is to send a Notice of Abandoned Personal Property to the tenant and anyone else who you believe owns the property and list everything  that you find.

“The more detailed you are, the greater your protection from being sued by the tenant. It is a very good idea to video this process, showing the condition of the rental unit and items which you have found. You may remove the items from the premises and store them elsewhere,” Palutke notes.

“The notice must advise: 1) Where the property may be claimed; 2) The date, allowing at least 18 days after delivery or mailing, and; 3) That storage costs must be paid before the property is returned, unless claimed within two days of vacating the dwelling.

“The notice must be sent to any address where the tenant would be expected to receive it, including a work address, and you must include one of these statements:

A) If you fail to reclaim the property, it will be sold at a public sale, as provided by California Civil Code Section 1988.

B) Because the property is believed to be worth less than $700, it may be kept, sold or destroyed if you fail to reclaim it within the time indicated.

No holding hostage for payment

“Even if you have a judgment for rent against the tenant, an owner cannot demand payment in exchange for return of their possessions. So, while you can’t hold their property hostage, if they do not make a timely claim of property worth less than $700, then they lose it and it is yours to keep, or to dispose of in any manner,” Palutke added.

“It is important to establish the value of what was left behind and where property exceeds $700 in value, public sales are typically handled by an auction company. Expenses incurred would be reimbursed out of the sale proceeds and the balance is paid to the county, Palutke concluded.

In our legal opinion, as between Eric and Cindy, it is clear that she has a far more complicated problem. Abandonment clearly applies to Eric, but not directly to Cindy. To succeed, she would need to establish a reasonable belief that her ex has no intention at all in recovering his property — and if law enforcement will not take possession of the items — she has no other option.

We suggest that a demand Letter from an attorney first be sent to Cindy’s former husband or lawyer, advising that steps will taken to declare the property abandoned.

That might be enough to get her creep of an ex-husband to get moving.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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September 5, 2015 • By Dennis Beaver

“We own a rental house in an agricultural area near Lemoore. Two years ago, a couple who work at the Naval Air Station rented the property. As is gets dusty – especially in this drought – the lease required changing the A/C filter every month and having the system serviced twice a year,” “Bert” explained in an email.

“The tenants apparently did neither. We just got a call from an air conditioning company explaining that they were called out because the system had quit working and will require close to $3,000 in repair charges. The reason for the failure was a clogged return-air filter which so restricted airflow, that the compressor and related machinery basically burned out.

“We feel the tenant is responsible, but wanted to check with you first. Thanks.”

Filters protect the equipment

“When was the last time you changed your air conditioning filter?” Stephen Stout and his staff ask their customers every visit for A/C service or repair.

As president of Hanford-based Kennies Indoor Comfort Specialists, he has heard the same answer countless times, and on occasion, having to deliver very costly bad news directly related to the A/C filter.

“At least 10 percent of our service calls are related to clogged filters — like your Lemoore reader — and the resulting costs can range from a routine service call to several thousand dollars for a major repair, such as replacing a compressor, fans and related equipment.

“People tend to forget the last time they changed the filter, particularly when they buy so-called 90-day filters. They may last 90 days for places where there is little run time or where the air is fairly clean, but in dusty, or farming areas and places affected by drought, there is no such thing as a 90-day filter,” he emphatically tells You and the Law.

We asked Stout, “How much filtration do I need? Is there any reason to buy a filter which traps the smallest particles, or is the typical $5 filter generally adequate?”

“From our perspective as contractors, the main purpose of a filter is to protect the equipment and when changed as often as is necessary, the fans, compressor and other equipment are kept clean, prolonging system life significantly. You do not need an expensive filter to do this. Any entry-level filter will be just fine.

“Filtration is an extremely personal choice,” he points out, “where some people benefit greatly from increased filtration, while others do not realize any benefit, and can actually wind up with a higher electrical bill placing unnecessary stress on the A/C equipment if they buy a filter that gets the smallest particles and fail to change it often enough,” Stout concluded.

The right filter will greatly improve indoor air quality – MERV

Can we both protect our heating/cooling system and greatly improve indoor air quality? Let’s say we have issues with allergies, pet dander, smog, or maybe someone at home smokes, but we do not want to go out and buy special HEPA air cleaners to install in each room.

As we learned from Minneapolis-based Jay Elepano, Senior Product Manager for Indoor Air Quality at Honeywell, the answer is, “Yes, indeed, today’s filter technology can deal with those issues if you do you do your homework, understand how filters are rated, shop carefully and change the filter on a regular basis.

“When shopping for a filter, you’ll see a MERV rating or its equivalent, and this stands for Minimum Efficiency Reporting Value. The higher the number, the better the filtration, and for residential use, they go from 1 to 16.

“While dust will be reduced, filters with a MERV rating from 1 to 7 are meant primarily to protect your heating/cooling system,” he points out.

“Most home heating and cooling systems are designed to only require a MERV 4 filter, and the reason is that it’s less likely clog if the homeowner forgets to replace it on time, but waits an extra month or two.

“Dennis, for your readers who live in areas with very poor air quality, such as Los Angeles — or someone at home smokes — you need a MERV 13 filter as it captures these sub-micron particles.

“37 percent of homeowners are aware of having serious indoor air quality issues in multiple rooms, and they have two ways of addressing the problem. Either purchase two or more portable air cleaners, or use MERV 13 filters which is by far the most cost effective, whole-house solution.

“But that said, mark your calendar to change the filter on a regular basis, as a MERV 13 filter is not forgiving when saturated,” Elepano cautions.

And Bert’s tenants? Let’s hope they have a large bank account.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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April 27, 2013 • By Dennis Beaver

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Spying landlord? What not to say when trying to get out of a lease appeared first on Dennis Beaver.

If you are a landlord or tenant, today’s story will be of special interest, as it is an example of what gives landlords and some property managers a bad name. A real bad name.

Our story begins in Hanford, when in February of 2005 Craig and Becky (names have been changed) rented a cute little house on Berkshire Street from the owner (Sarah) who lives in San Jose. As her cousin Dimitri lives in Hanford, the task of collecting rent and managing the property was left to him.

Naive newlyweds in trouble

Becky’s mother-in-law contacted You and the Law on behalf of her newlywed son and his bride, believing it was time for her to step into a situation well beyond the experience of this young couple. She was right.

In the summer of 2006, the newlyweds found a house they wanted to buy. Wanting to do the right thing, they discussed finding a new tenant with Sarah and Dimitri.

“The kids did locate an acceptable tenant who signed a new lease. We are worried about the return of their $1,200 security deposit. It appears that improper deductions are going to be made,” Craig’s mother explained.

There was good reason to be concerned, as several days before the end of their occupancy, a real nightmare began, as I would soon learn.

Why you sleeping? Get up!

“I work nights, and suddenly, early one Saturday morning in late September, there was a loud banging on our front door, and the door bell was repeatedly rung. It was Dimitri yelling for me to get up. I explained that I was sleeping because I work nights, but he didn’t care. He yelled, ‘Why aren’t you guys moving?’ I told him that we are paid up until the first of the month. He kept asking where my wife was, repeating ‘You are supposed to be moving out!'”

“Dimitri said his cousin was coming to check out the house. But I told him no one said anything about this. Yelling, he said that he would just go find my wife and bring her back to the house! I said she was working at the Hanford Civic Auditorium for a community fundraising event.”

“We knew Sarah was coming down to sign a lease with the new tenants, but there was never a discussion about inspecting the house. We were still living there!” Craig maintained.

“When my wife returned later, she was in tears, and told me that Dimitri was yelling at her in front of other people, demanding that she go to the house. This was obviously embarrassing as she has a good position with her bank and is well thought of,” Craig added.

I confirmed these events with Becky, who even today is afraid of Dimitri, “and of what he might say or do since he knows where I work.”

Several hours later, the owner did show up and announced to the couple something that left them “dumbfounded.”

“I am charging you for renting a car to come here because the tires on my car are bad, as well as my lost wages for taking the day off!” she told them.

The couple was unaware that California law does NOT permit a landlord to just “drop in” and “inspect” a rental property, unless very specific legal requirements are met. None were in this situation. Neither Dimitri nor Sarah had the right to disturb their tenants. It was a clear violation of a tenant’s right of what we call “Quiet Enjoyment” of the property.

Was the lease broken?

When a tenant just walks away from a lease with no justification or permission from the landlord, it’s a clear breach of the rental agreement, and in some circumstances the owner has the right to immediately enter the unit. But here, the property manager agreed to a substitute tenant. Clearly, there is no “broken” lease, and nothing gave our San Jose owner the right to inspect the property under these circumstances.

Under California Civic Code Section 1954, there is a right to enter the rental unit under very limited circumstances: if there’s a true emergency, after the tenant has moved out, when agreed upon or necessary repairs are to be made or to show the unit to possible tenants. None of that applied here, and this was not a final “walk through” to verify the condition of the house before refunding a security deposit. For that final inspection, two weeks notice must be given under California law.

In reality, the “inspection” by the owner and her cousin was a trespass, in my legal opinion.

Small Claims Court

A landlord is entitled to withhold from the security deposit only those amounts needed to repair damage, or for unpaid rent. As the owner has a resident property manager in Hanford, she has no legal claim to any expenses incurred in her unannounced inspection.

I had the “pleasure” of speaking to Dimitri. At first he admitted collecting the rent and being the property manager. Then, after I explained that he could find himself sued if the couple did not get what was owed them, he denied being the property manager! Suddenly, Dimitri didn’t know much of anything referring me to his cousin in San Jose.

“Sure, may I have her phone number?” I replied. “No! Get it yourself!” “Did you wake up Craig early in the morning?” “Yes, I did. My cousin was coming to see the house and he was supposed to be up.” “Did you actually set up an appointment with the tenants for this visit?” “No. They should have known!”

He was very good at hanging up on my calls – twice.

I located the owner in San Jose, explaining that I was researching this story and cautioned her that there was no right to withhold rental car expense, mileage or wages and that she could be sued for a significant penalty. She hung up. I placed a message on her voice-mail providing all of my contact information and encouraged her to call. I am still waiting for that phone call.

Under California law, as I explained to everyone mentioned in this story, if the landlord makes improper deductions or unjustifiably withholds money from a security deposit, the tenant may sue for the deposit plus a penalty of twice the amount of the deposit.

Both Dimitri and Sarah are asking for a lawsuit. People like this need to be faced down, especially bullies like Dimitri. I told both Craig and Becky that I would be very disappointed if they let the matter drop. The only way to deal with a bully is to stand up and be willing to fight.

I will keep you posted as to what happens.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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January 2, 2016 • By Dennis Beaver

“We are a family of five, three boys — 6 to 12 — my husband and myself. Last week we moved into a nice apartment here in the Kingsburg area. Prior to signing the lease and paying our deposits, we were told by the manager that this is a family-friendly complex,” the email from “Lois” began.

“They had second floor apartment vacancies, but for ‘safety reasons,’ explained the manager, ‘only ground floor units are rented with families who have young children.’ Reluctantly, we took it, and then, today, this note was taped to our front door:

‘Welcome! In order to keep our complex friendly, children under the age of 14 may play on the common, grassy areas, only with parental supervision. Loud behavior is not tolerated, as several tenants work nights, and the elderly who reside here need peace and quiet. If you cannot supervise your kids outside, they must remain inside your apartment and play quietly.’

“This was not mentioned earlier. Both of us work, the kids come home from school by themselves, are respectful of others and have always played outside without any supervision. Can the management legally require this? And, what about restricting us to a ground floor apartment?” Lois asked.

For the past 16 years, representing families who are victims of housing discrimination, to San Diego attorney Craig Fagan, “Your reader has a good sense of what is improper and has described a clear violation of the Fair Housing Act. It is unfortunate that so many tenants — and landlords alike —have no idea that it is illegal to be treated this way.”

We asked Fagan to describe some of the ways tenants with children become victims of housing discrimination. He began by explaining the important — and often confusing — legal concept of quiet enjoyment.

“First of all,” Fagan points out, “It is important to understand that the law does not allow a tenant complete tranquility in an apartment complex. The Fair Housing Act does not give landlords the right to silence children and keep them indoors for the peace and quiet of other tenants,” citing a common misconception about the legal term, quiet enjoyment, “Which even lawyers frequently misunderstand.”

“Quiet enjoyment does not refer to the level of noise in a property. Rather, this means that the tenant has a right to use and enjoy the property without being disturbed by the landlord.”

“Many managers in good faith, but incorrectly think ‘quiet enjoyment’ means they have the right to tell everyone in the complex to be quiet. That is not the law. There is a balancing which must exist, where tenants are able to live normally, yet without being so loud and disruptive so as to make life miserable for others in the complex.

“For example, babies will cry, they will scream — that is normal. But it is not normal for little Johnny to practice his drums at 11 p.m. A landlord is legally obligated to deal with that annoyance for the benefit of other tenants.

“Housing discrimination against families with children is seen, just as in your reader’s case, when they are restricted to only renting in a particular section of the complex, such as the ground floor. The Fair Housing Act requires that everyone is dealt with equally, and if you treat tenants with children differently, charging higher amounts for rent or greater security deposits, this violates the law.

“Often, we find property owners and managers who do not have children, want it to be quiet, yet they rent to families with kids and then say: ‘Look, we have tenants who work at night, sleep during the day, and need it quiet during the daytime. These tenants just do not want noise during the day so your kids can’t play outside.’

“In one case the court found a violation of the fair housing act where a complex had a rule stating that children could not ‘be running around outside playing.’”

At this point, you might be wondering, “If it is illegal to treat families with children differently, and a landlord cannot refuse to rent to families with children, then how it is possible for there to be Seniors Only residential facilities?”

“Federal law allows for ‘over 55 and over 62′ housing which excludes children and are referred to as ‘Elderly Communities,” Fagan answers. “This requires satisfying state law, applying for a permit, and when successful, it is possible to prevent children from living there.”

Next Time we look at when real danger requires supervision and reasonable limits on where kids can play. In the meantime, www.discriminationiswrong.com is well worth a visit.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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