There is a great benefit in having a family doctor and lawyer who build strong, lasting relationships, often with several generations of the same family.

The result is more personalized, effective health care and prompt access to legal representation.

However, there is one particular upsetting frustration that can be a matter of life or death — or the result can be seeing your nervous client walk into the office holding a lawsuit they were just served with.

The frustration? A delayed heads-up that something is amiss. For example, a patient who waits for months before saying, “Doc, I think something’s not right.”

Or the client who admits to having taken the law into their own hands — months ago — and is worried about the expensive consequences.

What’s going on?

Plumbing contractors “Kevin” and “Julie” have been our clients for over 30 years. With one exception, they have bounced any significant legal decision off of us. That exception happens when issues with their children — all adults — cause their blood to boil.

On a recent Saturday morning, they called. Agitated, Kevin explained, “Our daughter, ‘Sandy,’ and her jerk of a husband, ‘Seth,’ rented an apartment located in the rear of our house.

Both are on the rental agreement. They recently separated, but he briefly returned a few days ago to grab some of his things.

“We knew that he had a temper. However, today Sandy admitted he has been physically abusive, and she has a black eye to prove it. She is terrified of him returning.”

Julie, in a trembling voice, added, “This creep just called us — he was clearly under the influence of something — and said that he was going to take half of everything we own, even though his name is nowhere on anything proving ownership, and he never once contributed money toward the property. Can he do that?”

I replied, “Not likely, but something tells me there is more to this, so tell me what’s going on now?”

A threatening phone call

Kevin then played the recording of a phone call he had with Seth:

“I am recording this conversation, Seth.”

“I don’t care what you are recording.”

“Stay away from Sandy and never set foot on our property, including the apartment, or you will regret it.”

“I am a paying tenant,” Seth yelled, “and I’m coming over now with some muscle! We are taking Sandy away from you creeps. Try to stop me, and you will regret it.”

“What should we do?” Sandy’s frightened parents asked.

In a calm tone of voice, I explained, “Normally, you would have the right to exclude anyone from your property who is not a current tenant or who poses a threat.

“But your daughter and Seth have both rented the rear house. If Seth is still a legal resident, then you cannot bar him from accessing the rental unit unless there is a restraining order or eviction judgment against him.”

I further explained that attempting to evict him could be seen as a form of unlawful eviction or interference with his tenancy rights.

However, if he has moved out, and there is evidence of him having relinquished the tenancy, this would be a strong argument in favor of barring him from entry, especially if Sandy is now the only tenant and his presence is threatening to her and, apparently, both Kevin and Julie.

Time to call law enforcement

Given the threat of “coming over with muscle,” this is the time for Sandy and her parents to immediately contact law enforcement.

In all states, while the exact terminology will be somewhat different, a law enforcement officer can request an emergency protective order (EPO) from a judge, which is typically available 24/7 in most jurisdictions.

The purpose of an EPO is to prevent future domestic violence/abuse, child abuse, abduction, stalking or abuse against an older person or dependent adult. An EPO can order the defendant to:

• Not contact people covered by the order

• Not harass, stalk, threaten or cause harm and stay a certain distance away from where they live, work or visit regularly

• Move out of a home that is shared with the protected person

• Not have guns, firearms and ammunition or body armor

Most family law attorneys would maintain that in this situation, the EPO would require a landlord to exclude the named defendant.

Also, some states allow landlords to change locks and take other safety measures for tenants who are victims of domestic violence, even without a court order.

An EPO is served on a defendant in person by a law enforcement officer and typically is effective for five to seven days.

If the person needs protection that lasts longer or wants to ask for other orders, they can apply for a restraining order.

Insight from a family law mediator

I ran this situation by Scott Levin, a friend of this column and in his 20th year of practicing family law, with a focus on mediation, in San Diego.

“I’ve had clients who own their homes and later allow a boyfriend to move in. When the relationship ends, they’re surprised to learn that renter protections can apply even without a lease or rent payments.

“Once someone lives there with permission, landlord/tenant law in many states gives them occupancy rights, and self-help eviction — like changing locks or tossing belongings — isn’t allowed.

“The best outcomes come from negotiation, not confrontation. A negotiated settlement can lead to a peaceful move-out and fair resolution, preserving dignity on both sides.”

Levin’s website features useful tips on dealing with several of life’s most challenging situations.

If you feel you may be a victim of abuse, reach out to the National Relationship Abuse Hotline at 800-799-7233. You can also visit their website.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post A Nightmare for Parents: How to Navigate the Legal Boundaries of Tenant Rights During a Family Crisis appeared first on Dennis Beaver.

Have you ever heard of a “constructive eviction”?

Of course, everyone understands the word eviction — as in being evicted from a rental unit typically for non-payment of rent.

But there is another kind of eviction that results when a landlord’s behavior, intentional or not, deprives the tenant of the peaceful enjoyment of the premises.

This can include things like failing to make necessary repairs or creating a hazardous environment. In effect, the behavior creates a situation where the tenant has no choice but to move and is, in effect, evicted.

Constructive eviction gives tenants the legal opportunity to break a lease. In my law practice, I’ve seen this happen when a landlord hires an inexperienced or incompetent property manager.

That was exactly what “Julie” complained of after she read my article Why Older Adults Should Think Twice About Being Landlords. The experience she shared with me is instructive for property owners: “Cheap” is often expensive.

Julie described the $4,000-a-month, high-security, two-bedroom apartment for her and her husband, “Jack,” as pure heaven. At first.

From great to not great

“When we moved in, the entire complex lived up to all the advertised claims and conditions stated in our lease.” That included:

• Concierge service

• 24/7 onsite security management

• Common areas secured every night

• Furniture and cushions removed from the patio nightly to deter vagrancy

• Entrances consistently monitored

• Front desk staffed 24 hours every day

• Attentive, friendly staff

Coffee and breakfast items offered free each morning, wine and cheese in the evening

“While located in a bad part of town,” Julie said, “it still was perfect for the two of us. We had a two-year lease, which matched the time required for our vascular surgery residency at a nearby university medical center.

“From time to time, the property managers — a middle-aged couple — would drop by, asking if anything needed attention. Their concern made us feel so secure and glad that we were living here, even if the rent was high. We were in seventh heaven.” Until…

Things went downhill fast

A year after moving in, Julie said, “Everything began going downhill when the property changed hands. At a meeting with all the tenants, 25-year-old ‘Darren’ was introduced as our new property manager. He has a college degree in real estate development, but no experience as a property manager. He is the (new) owner’s son-in-law and has ‘know-it-all’ stamped on his forehead.

“Within weeks, the building became unsafe due to sporadic front-desk coverage, no one present on weekends, packages left unsecured in the entry (attracting porch pirates) and a broken garage door leading to apartment units that could not be shut.

“Vegetation at the entrance became overgrown, preventing the door from closing, and a remote monitoring service of the building, including the parking garage, was canceled.

“It was as if a ‘Welcome, Burglars’ sign had been erected. Cars — including ours — were broken into. Tenants complained. Darren promised to ‘handle’ the situation, but he did nothing.

“It has become dangerous, and we can’t stay here, Mr. Beaver. There is a year to go on our lease. What can we do?”

Major breach of lease and constructive eviction arguments

I have a soft spot where physicians are concerned. Theirs is a world of cooperation and working with colleagues to help patients — not confrontation.

I suggested sending Darren a polite, conciliatory letter, asking for his help and making clear, “We have no choice but to move.”

I cautioned, “Darren is not the only person who will see this letter. You need to project calm and be in control of your emotions, not blaming, but rather, seeking a mutually beneficial result. In a by-the-numbers manner:

• List all the safety issues that have been brought to management’s attention but never remedied.

• Review what was promised in the lease — and delivered by the prior owners — that has been lacking since new management took over.

• Note that these issues create, at the very least, a major breach of the lease and what can also be considered as constructive eviction.

• Stress the reality of an actual risk of harm to you and that there is no way you can remain as tenants without suffering extreme anxiety, something you did not agree to when moving in.

• Do not blame Darren. Rather, say something along the lines that you are sympathetic to what must be frustrating for him as well and are certain he has tried his best to address these issues.

• Conclude by saying, “It is in everyone’s best interest to cancel the lease. We will continue paying rent on time and fully cooperate with showing our unit and will leave by (date).”

Honey vs vinegar

I suggested — and Julie agreed — that one sentence needed to appear at the very beginning of her notice to end the lease:

“Dear Darren, this is not a letter I would ever have wanted to write. We so enjoyed living here and are not blaming you for the items described below. We know you are a fair person and will do the right thing.”

Within 24 hours, Darren’s father-in-law, the new owner, emailed the couple, agreeing to all of their requests and offering “all the help you might need to relocate. We are sorry to see you leave, but we understand.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post From Dream Apartment to Nightmare: When Your Landlord Evicts You Through No Fault of Your Own appeared first on Dennis Beaver.

“Mr. Beaver, my parents — both in their 80s — have substantial lifetime pensions, no debt and a lot of money in savings accounts, so they do not need any additional income source. Recently, they attended a seminar aimed at older people, where a real estate broker talked up the advantages of becoming landlords.

“Brochures downplayed the age-related risks and made a big point of saying they wouldn’t need to hire a property manager and that tenants would be required by the lease to be responsible for all maintenance. As the landlord, all they would have to do was collect the rent.

“I know this is nonsense. Plus, regardless of age, my parents are not emotionally suited for the challenges of being landlords. I can picture them frozen with fear and inaction if something happened to the property that required immediate action, as I have seen a decline in their health and ability to deal with stress.

“I’ll bet there are a lot of older people who are getting the same pitch and could get themselves in legal hot water if they drink the Kool-Aid. My parents love your column, and I’m sure your advice would cause them to think this over seriously. Thanks, ‘Darren.'”

‘A loud cracking sound, and the house shook’

Darren’s fears about his parents becoming “frozen with inaction” was faced by two longtime readers, Cynthia and Mike, who phoned our office, upset with their landlord.

“Early this morning,” Cynthia said, “we were awoken by a loud cracking sound, and the house shook when a huge oak tree in our backyard came down on this house that we have been renting from Abe for over 10 years. He is in his mid-80s.

“We immediately notified him of what had happened, but instead of reacting like someone who was concerned, he emotionlessly said, ‘Well, I’ll see if I can reach my son in Alaska and ask him for help.’

“We replied, ‘No, you need to call your insurance company now and report this. We might need someplace to stay while the tree is removed and damage to the house, if any, is repaired.’

“It seemed that he did not understand the urgency. Abe has always been a thoughtful, caring, ‘hands-on’ landlord, but age and infirmity have impaired his ability to do everything himself, and he rejected our suggestion of hiring a property manager as ‘too expensive.’

“Can you help us?”

I phoned Abe, asked him for the phone numbers of his son and insurance agent and got them together on a conference call. The agent immediately took charge and saw to it that a claim was started with the carrier.

For some older adults, becoming a landlord is a bad idea

Over the decades that I have practiced law, anytime there was a significant landlord/tenant problem, often the owner’s age, a strong sense of moral right and wrong combined with a lack of knowing their legal obligations and a refusal to retain a property manager — costing about 10% of the monthly rent — became a toxic cocktail.

Sometimes it came down to real cognitive challenges, but just as often, an older property owner frustrated with tenants who were months behind on the rent refused to hire an attorney — “oh, that costs money!” I heard repeatedly.

They would resort to turning off the water or electricity and wind up being sued by their tenants.

I ran these issues by Jon Anthony Dolan of Los Angeles-based Dolan & Knight Property Management. He has been a friend of this column for years and is always a source of good, common-sense advice.

I asked Dolan, “In your experience, are there more risks for older adults in becoming landlords?”

“Yes, there are,” he replied. “Not just because of age itself, as many older adults are good landlords, but it is so important — especially for older people — to have objective help in evaluating the downside risk of acquiring rental property.”

He said they should consider:

• Their financial situation. Do they need to invest in a rental at their age?

• Their ability to handle the myriad day-to-day tasks involved, such as rent collection, maintenance and legal responsibilities.

• Their capacity to deal with difficult tenants. Sometimes behavior can border on elder abuse.

• Their cognitive impairment and health challenges can drive up the cost of rental ownership.

• Their physical limitations. While a young person might be able to handle minor repairs or maintenance, impaired balance and mobility issues can make it impossible for an older person to personally tackle the things that come up with any home.

Additional realities to consider
Dolan pointed out factors that, if overlooked, can prove costly:

• Liquidity. If unexpected financial needs arise, needing to sell quickly could mean a large loss.

• Decision-making. Even with a property manager, there are decisions that must be made. Do they have that cognitive ability?

• Time. Real estate is usually a long-term investment, so a person’s life expectancy can be a real issue.

Dolan concluded our interview with this cautionary remark: “The older we are, the more cautious we should be, especially with our money.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post A Cautionary Tale: Why Older Adults Should Think Twice About Being Landlords appeared first on Dennis Beaver.

It is human nature to help someone in distress, or at least want to help. That’s how most of us felt night after night while watching the evening news earlier this year when wildfires tore through Southern California, Texas and Oklahoma, making thousands of people suddenly homeless.

While neighbors took in many, sometimes good deeds led to unanticipated, frustrating consequences.

“Alfred” and “Eileen,” both 85, shared this with my office via email:

“Mr. Beaver, we live about two blocks from where the Pacific Palisades fire was brought under control. That same day, a couple with their two young children were going house to house on our block, asking to be taken in, as their home was destroyed. We felt it our religious duty to help and invited them to stay with us temporarily.

“Everything was on a handshake basis. ‘Anytime you want us to move, we will,’ we were assured.

“They were delightful and pitched in to become a part of our family life, buying groceries, helping to pay for the water and electricity bills and insisting on paying us something for the privilege of staying here. But something was strange. Neither of the adults had a job. They explained that they received Social Security disability and unemployment insurance.

“It has been months, and we politely said that it is time for them to find another place to live because our adult children are moving back home, having lost their government jobs. But they refused, claiming that they are no longer just houseguests but tenants! Is this true? What should we do?”

How guests become tenants

I ran their situation by two attorneys who handle landlord/tenant matters — Hanford, Calif.-based Bob Zumwalt, and Ken Carlson of Idyllwild, Calif. Zumwalt immediately quoted Benjamin Franklin’s proverb: “Guests, like fish, begin to smell after three days.”

Both lawyers “have seen the same thing happen” and agree that, sadly, this generous couple may have no choice but to retain an attorney and evict their “guests.”

I asked them how to prevent generosity from creating a landlord/tenant relationship that was never intended.

Carlson: By accepting something for the privilege of staying there, the relationship legally changed from guests to tenants. If they had just purchased food and done nothing to pay for living there, they would have remained as guests.

When a homeowner agrees to accept anything in exchange for the guest staying there, even cleaning the house, babysitting or doing handiwork, it can become a tenancy.

A guest can be removed by police as a trespasser, but a tenant has to be evicted by legal action.

Zumwalt: When you bring someone into your home as a guest and they will likely be staying for a substantial time, do a tenant background check to see if they have been evicted or sued and, if so, for what.

Additionally, have all adults sign a Host and Guest agreement, stating, “Guest occupies the premises as a licensee, and no relationship of landlord and tenant is created.” The agreement should expressly provide that no payment of any kind will change hands, including any non-cash forms of compensation such as labor or repair work.

Guests have been known to claim the owner agreed to rent to them in exchange for handyman work around the house. A written agreement that expressly denies the existence of any such arrangement can prevent them from being deemed “paying tenants” because they once swept the walkway or oiled a squeaky door hinge.

Carlson: Before letting them move in, the homeowner needs to ask the guests important questions:

• How long do you want to stay?

• What are your plans afterward?

• What is your income?

• What clothes or other things do you plan to bring along, as opposed to storing elsewhere?

• Are you planning to pay for anything?

Getting something in return for living there is the main thing. Having a key, moving in furniture and other personal property or getting mail at the address don’t transform a guest into a tenant.

If they can pay — and could be there for a long time — it’s better to have a written rental agreement, with a deposit, and a background check is a good idea.

In California, the agreement can provide for eviction with only seven days’ notice, and if it is a single person, a 30-day notice takes the place of a formal eviction.

Given the time and expense of trying to evict a tenant, many landlords have simply paid their tenants to leave. Both Carlson and Zumwalt agree that that may be the most cost-effective way my older readers can deal with their “guests.”

Interested in becoming a landlord?

Being a landlord means that you are in business and need to understand the laws and regulations that govern your investment. A good place to begin is with Every Landlord’s Legal Guide from Nolo Press.

However, if you are older, retired and plan on living a long time, you might want to consult with a psychiatrist before becoming a landlord. The hassle and grief might not be worth it.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post We Took Them in After the Fire, and Now They Won’t Leave appeared first on Dennis Beaver.

Regular viewers of Judge Judy reruns, or Judith Sheindlin’s new show, Judy Justice, may know the two occupations she has little regard for: used car salespeople and real estate agents.

In her opinion, she says, honesty and caring about the customer are not part of their job descriptions.

Before we toss the baby out with the bathwater, let me tell you about a number of real estate salespeople who, when a serious problem was called to their attention, moved with more speed than a roadrunner and resolved a family’s very legitimate concerns.

Our story begins with an email marked urgent from “Thomas.”

Rental house up for sale

“I live with and take care of my elderly mom, ‘Anabel,’ in a lovely little house we’ve been renting for the past several years. It was recently listed for sale with a branch office of one of the nation’s largest real estate companies. The selling agent told us that someone would be out to take photos of the inside and outside of the house that would be posted online.

“On Aug. 31, 2023, at 3 p.m., I was at home with Mom when a photographer showed up and was about to take photos. Before he did, Mom asked him not to show our family photographs hanging on the living room wall or other things that would expose our personal lives to people across the country, especially anyone up to no good.

“Mom also offered to take our photographs down if he requested. He replied, ‘Not a problem. We can blur all those things out. We do this all the time.’ We said, ‘Then go right ahead.’ The gentleman was wearing a white T-shirt with the real estate office logo.”

On Sept. 2, Anabel checked the real estate company’s website to see how the photos of the house looked and was shocked to find that nothing was blurred — all their family photos, contents of the house and even the license plate of Thomas’ car were clearly visible. All these pictures were posted on real estate websites such as Zillow all over the Internet.

“Mr. Beaver, we have reasons to be concerned about the wrong people learning about our family through the photos as well as the things we own, such as expensive furniture, our new top-of-the-line television sound system and so on. This is an invasion of our privacy. Can you help us?”

Seller beware of photos during real estate sales

Photographs are known as the currency of real estate sales. Sellers — and their agents — typically want the home that’s for sale to have maximum exposure on as many websites as possible.

In several states, listing agreements dedicate considerable attention to photographs. The seller can specify that photos must be blurred out to maintain privacy. This is something that needs to be discussed with the listing agent or broker.

Experienced real estate salespeople recommend, where possible, obtaining the seller’s approval before posting interior photos that depict items of a personal nature.

Additionally, a landlord may want to obtain photographs of an occupied rental unit to use in a virtual tour of the property. But common sense — and the law — requires obtaining the tenant’s consent because of privacy considerations before taking and using such photographs.

You might wonder what risks are involved if photos of the inside of my home show up online? Plenty. Photos can reveal details about a tenant that they might like to be kept private; whether the tenant is lower income or appears to have a lot of money; easy-to-access windows that could be used by someone with criminal intent.

Violating the scope of permission is an invasion of privacy

Where a tenant has given permission for photographs to be taken, but specifically required that certain items are blurred out — and that does not happen — then in most states, a suit for invasion of privacy could be filed.

But that takes time, and if the concern is getting those photos taken down now, I do not recommend going the “legal” route. Instead, get someone on the phone who has the ability to order those photos taken offline.

Usually, I’ve found the media relations people at most companies are very helpful.

Not this time. I left a voicemail and sent an email to the corporate headquarters of the real estate company and never got a response.

The real estate agents involved acted at once

My reader did not know which office was handling the listing, and so I reached out to a broker in his area and explained the problem. Within an hour, he provided me with all the relevant names and phone numbers to call.

Not only were those people helpful, but they were appreciative of my call, as the failure of their own photographer could have resulted in a sizable lawsuit — something even the tenants did not want.

And all of this took place in less than 24 hours of receiving my reader’s email. I’m sending Judge Judy a copy of this story.

The post Real estate agents save the day when tenant rights violated appeared first on Dennis Beaver.

There are two aspects to today’s story – the macro, or “big picture,” and the “small scale” real-world look at how the macro impacts real people.

Over the past few years as first the medical use of marijuana and then recreational consumption became legal, at present in 21 states, assumptions about the methods of legalization were often ignored.

“The war on drugs” saw no better example of billions of taxpayer dollars squandered and lives ruined than in Northern California and across the country, where it was assumed that once legal and regulated, as with alcohol, people would play by the rules and a productive industry would spring from the ashes of the new prohibition.

As is often the case, good intentions turn into bad nightmares when government regulators with little practical business experience are given carte blanche to dictate how a business should function. The wave of “Let’s legalize and we’ll all play nice” thinking overlooked something essential to the success of those initiatives: the belief that everyone would suddenly buy into the program and follow the rules.

So, while many cannabis growers attempted to comply with expensive rules, regulation is proving to be an engraved invitation for crooks to ignore government’s Miss Goody Two Shoes’s insane cultivation requirements.

A recent investigative article by the Los Angeles Times revealed how, in California at least, regulation has been a gift to the criminals who simply ignore the voluminous requirements to operate legally in this state. The flip side of regulation is bankruptcy.

As a drug enforcement sheriff’s deputy in Humboldt County told me, “We have every reason to believe there is even more cultivation on a small scale going on than ever before – in fact, your next door neighbor could easily have a grow in his home!”

That’s what 79 year-old Lilly is afraid of.

Real Pain for Landlords and Tenants

“Mr. Beaver, I’ve read your column in my local paper and need your advice. My property has a granny unit that I rent out. I am on a fixed income and this helps supplement what I make. Homes in this area were built over 50 years ago on large lots where the prevailing breeze goes from my next-door neighbor’s house toward my home.

“This neighbor has an adult son who not only smokes marijuana day and night but I am almost certain that he is growing it. We see him on their front porch constantly smoking.

“The odor makes it difficult for me to rent my unit. My current tenant said that he constantly has nausea and dizziness because of the odor. I have asked my neighbor for help and they said that their son can smoke in his home where he is safe.

“The constant odor is an issue for me. Do I have any recourse? I know that smoking marijuana on private property is not a crime but what if it impedes my quality of life or rental business? Please let me know if I can do anything.

“I did let my tenant know before he moved in that they do smoke next door but he said that it is constant, morning, noon and night and he cannot live here anymore.”

Lilly and her tenant are Dealing with a Private Nuisance

Lilly and her tenant are dealing with what the law calls a nuisance, which fall into two basic categories: public and private.

Owners and occupiers of land have a legal duty to not unreasonably interfere with a right that the general public shares in common, for example, by permitting vegetation to block a sidewalk or expose the neighborhood to property damage and injury by refusing to maintain and trim trees that are in danger of falling.

But when the interference is with, say, a house that you own or are renting, it is a private nuisance.

All kinds of things can form the basis of a private nuisance and noxious smells such as marijuana are among them.

What to do about it?

As the landlord, Lilly has a legal obligation to do what she can so that her tenant is not exposed to odors emanating from her neighbor’s property.

Sadly, while in my experience few city and county code compliance officers take these matters seriously, a complaint by 79 year-old Lilly might get some action,. Especially if it can be established that sonny boy has an illegal pot grow.

A Property Manager Shares His Opinion

Anthony Dolan, a property manager based in Pasadena and a friend of this column, notes that “Lilly’s tenant might refuse to pay rent as long as she failed to take legal action against the pot smoking neighbor. Her best course of action is to retain an attorney who would engage a private investigator to document the noxious smells and possible illegal activity, ask the neighbor to remedy the situation, and if she refuses, file suit to abate the nuisance. The cost to the neighbor could be into the thousands of dollars.”

While a few years old, an excellent study of these issues called “Smoking Marijuana in Multi-Unit Residential Settings,” published by the Tobacco Control Legal Consortium, is available online at publichealthlawcenter.org. I strongly recommend it to anyone facing a similar situation.

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

The post Marijuana – fragrant perfume or diapers? appeared first on Dennis Beaver.

“Terry” was my first hoarder client. About 50 years old, he worked as a custodian at a high school in a small town not far from where I was living at the time.

He was a genuinely nice guy and proud of his collection of washing machines from the 1940s onward.

Now, “collectibles” to some people are pure junk to others and to Terry’s neighbors, his front and back yard, as well as the inside of his rented home had become a dangerous junkyard, complete with rats and other vermin that freely roamed the property.

The place was overflowing with, not just washing machines, but broken down cars, airplane parts, toilets, sinks, you name it.

In those years, he was known as a junkman. Today he would be called a hoarder.

He had received and ignored notices from his town’s code compliance officers to remove the items, and especially the things that made entry or exit from his home dangerous. With few window coverings, the home’s interior was visible, piled to the ceiling with “stuff.”

His wife and children were living in dangerous conditions that Terry did not acknowledge. With the assistance of code compliance, they and their landlord arranged for a meeting at my office to work out a clean-up plan with Terry – or he would face prosecution.

I was asked to drive him to my office. In reality — behind my back — during our lengthy afternoon meeting, Terry’s wife, with the enthusiastic approval of the landlord had embarked on something like an intervention. Later she told me, “I hired a disaster restoration company and told them to remove every last piece of junk from inside and outside the home. Anything of value was purchased by a scrap dealer.”

The crew did such a good job that when I drove Terry home, it took a few minutes before we could find his house!

I have to admit that it made me happy to see this crap gone and a bit of sanity restored to his family and the neighborhood. Terry got into therapy and did not repeat his hoarding behavior. He was lucky as there is a high relapse rate among hoarders.

But this was well before the psychology of hoarding became widely understood. Today, if the same things happened, some poor landlord – driven out of his mind by the insanity of having a hoarder as a tenant – could wind up being sued.

Seen as a mental illness – Landlords Must Protect Themselves

Once called “junkmen,” hoarders – who landlords and governmental officials agree pose major risks to the health and safety of not only themselves, but their families, neighbors and communities – are viewed as suffering from various forms of mental illness and are generally protected under the ADA, the Americans with Disabilities Act.

“This is why it is so important for landlords and property managers to have proper language in their rental agreements that covers these types of tenants and scenarios,” San Diego attorney Evan Walker points out.

“State law requires landlords to maintain habitable dwellings, and also requires tenants to keep their units clean and sanitary, disposing of garbage properly, avoiding excessive clutter and not damaging the property or using the premises in an improper way.

“So, when you are on notice that the tenant’s ‘stuff’ is blocking exits or doorways, interferes with ventilation or sprinkler systems, and attracts pests because of improper food storage – to list just a few – this could be a hazard for other tenants, and could be considered as a violation of the rental agreement and, likely, state law.

“At this stage, contact the tenant, point out what you have seen, and politely – but firmly – indicate that if the problem isn’t resolved, you may have to file an eviction suit. Be sure you can prove that you have brought these items to the tenant’s attention.”

Build your Case against the Hoarder

Pasadena property manager Jon Anthony Dolan says, “Document Everything!

“If the tenant will not respond appropriately and clean up the mess, you may have no choice but to evict them. So, begin preparing for the possibility now and document your correspondence with the tenant and keep detailed, chronological records. This means taking videos, photos, detailed notes which establish a record of the property’s condition. This material is critical to prove your case.”

Important: You are NOT evicting because they are a hoarder, but because of their behavior.

Dolan stressed the importance of understanding what you are NOT evicting them for – “You are not evicting them because they are a hoarder, because if you use that language, it is a violation of Fair Housing laws, since mental illness is a protected class.

“In addition to a possible violation of the rental agreement, often the hoarding behavior can be seen as a nuisance to other tenants if it substantially interferes with their use of the property. For example, filth that creates a pest infestation, and clutter in common areas can create accessibility issues for EMS personnel.”

Walker strongly recommends retaining experienced landlord-tenant counsel, “as hoarders are among the most difficult of tenants. They may be unlike any tenant you will ever have, and the risks of being sued for violating their rights are very real.”

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

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“I run a property management company in a state that did away with its moratorium on evictions for non-payment of rent. But while it was in effect, the ability to pay our own people was severely limited and I had to let almost everyone go.

“None of my current staff have ever presented an eviction case in court and this scares me. I would appreciate your suggestions that will help us. Do you know of good, on-line resources or videos to watch?”

Back to Normal = Huge Increase in Eviction Lawsuits

As the country slowly gets back to normal and tenants become obligated to pay rent, eviction lawsuits have skyrocketed across the country. But simply because a well-documented eviction lawsuit has been filed does not in of itself mean a successful outcome.

As you will see, today, winning your case has become much more difficult, as the property owner or representative will often need to address defenses to the eviction that tenants will raise – “defenses” that are often pure fabrications.

Rogue Tenant Lawyers Extort Property Owners

Across the country there is a cottage industry of rogue law firms that specialize in representing tenants who haven’t paid rent, are sued for eviction, then falsely claim landlord violations of health and safety codes, harassment, and on it goes, in an effort to stop the eviction and get a payday for the deadbeat tenant.

These lawyers are an embarrassment to the legal profession, and I’ve had the most interesting conversations with several who, like one from San Diego, admits their Bar membership is “A license to legally extort money from landlords and obtain months of rent-free occupancy.”

He added, “My ex-wife lectured me about right and wrong and that’s why she is my ex! I don’t care what you or anyone thinks. For me it’s all about winning, getting well paid for it and morality – helping deadbeat tenants steal – doesn’t matter.”

One “tenant” firm advertises three packages:

– Basic “We get you 1 to 2 ½ month delay in being evicted.”

– Standard “Provides a 4 month delay.”

– Premium gives you a 4 to 12 months delay!

I tried reaching them for comment and was unable.

So, when faced with an industry dedicated to ripping off property owners, when you finally get to court, being well prepared is critical.

State Court Resources, You Tube, Observe in Court, Judge Judy

Just about every state has a great deal of information online about its court system – including small claims, landlord/tenant, mediation and enforcement of judgments. There are dozens of excellent YouTube videos presented by lawyers, explaining how Small Claims Court functions. Additionally, you’ll find highly educational podcasts produced by attorneys that walk you through all the steps of eviction trials.

Just Google: YouTube Small Claims Instructional Videos. Or try, “Landlord/Tenant, What to do in Court.”

Also, just spend time in court, observing, and study how people testify – what they do that builds credibility or what hurts it.

Why Judge Judy is so valuable

The Judge Judy Show, now called “Judy Justice” is one of the greatest resources for anyone going to court. Her program is educational, entertaining, and more than that; it can help you win your case by learning what not to do!

By not doing the things that annoy a judge, your chances for success are increased. For example:

1 – Being unprepared – failing to bring documentary proof – the lease, contract, invoices, bank statements, canceled checks – can result in your case being dismissed.

“Sorry Your Honor I forgot it,” gets you no favors from any judge.

2 – Failing to listen – not paying attention to questions the judge asks. With a question that calls for a yes or no, when litigants refuse to answer, but instead, begin a lengthy explanation, this frustrates the judge and harms their credibility.

Judges are swamped these days and most have little tolerance for litigants like this who often wind up cooking their own goose!

3 – Have your evidence – photos, invoices, relevant documents – in order and numbered, prepared to hand to the bailiff or shown to the other side.

If the judge asks you to produce some element of proof, fumbling through a stack of papers makes you look like a chicken with its head cut off, and can create a negative impression.

4 – The courtroom is no place for eyes-rolled, hands raised, interrupting the judge or anyone testifying.

A great asset is patience, politeness, and giving good eye contact to the judge. By being as mature and adult-like as possible, you are more believable.

I know many lawyers who assign watching Judge Judy shows to their clients in preparation for testifying. Also, a number of judges have told me, “She reveals what we think and feel, want to but cannot say publicly – unless we want to risk being sanctioned by our state’s Judicial Council or voted off the bench.”

And that is what makes her show so valuable. She dares to talk about right and wrong, about ethics and morality. What makes her so different from most other judges is her transparency. While most generally remain poker-faced and their judgment is sent by mail, Judge Judy tells is like it is, right now.

If her show was required viewing by high school students about to graduate, fewer people would wind up in small claims court!

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

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What Every Landlord and Tenant Needs to Know About Constructive Eviction

If, by chance, you’ve been thinking of buying a rental property and one afternoon are feeling a bit groggy but can’t take a nap, then I have a suggestion. Google “Bad Landlords,” followed by “Tenants from Hell.”

Should you also be on blood pressure meds, be sure that you’ve taken your daily dose.

“If anyone thinks that becoming a landlord is a no-brainer–just buy a single-family home or apartment house, find tenants and begin to rake in the money–then you are headed for real trouble,” advises Pasadena, California-based property manager Jon Anthony Dolan.

He added, “You would be surprised at the number of landlords and property managers who boast of never maintaining their properties and are then shocked to discover their names listed as defendants in a lawsuit against them by lawyers who specialize in going after slum lords.”

And that is what almost occurred in Southern California after the following comedy of errors that is testimony to what happens when a landlord hires an incompetent to manage the rental.

A Little Brown Spot in the Kitchen

“Randi” one morning noticed a “funny brown spot” on the floor near her kitchen sink of her rented apartment. She wiped it up, looked under the sink, found no evidence of water, but notified her property manager, “D.P.” suggesting that someone might look into it. 

Two weeks passed when “Willard the Wonder Plumber” appears, inspected the sink area and found a leaky connection, forgot to turn off the water and attempted to replace the leaky fixture. The result was a huge flood!  (The following YouTube video is something like what occurred, but I will caution readers who are offended by a little bit of profanity, as there is some in the video.  It is also hysterical.)

The flood rendered the apartment unlivable, and the technical term which all states use is:  “Not Habitable.”

“When something like this happens, both the law and common sense requires the landlord to immediately re-locate the tenant to similar quarters, if possible, or put them up temporarily in a hotel, pending repairs,” Dolan advises.

Constructive Eviction

The technical term for this is Constructive Eviction and means that the law looks at the situation and “constructs” an eviction caused by the landlord or their employees. Often we find Constructive Eviction when slumlords refuse to provide heat, water, or other basic requirements of living in a rental unit.

While rules somewhat vary state-by-state, when this occurs, it allows the tenant to break the rental agreement, obtain a refund of any applicable security deposit, and move.

D.P. initially offered to move Randi to another apartment, “But instead of transferring my security deposit, he insisted on a new one, and I did not have the money” she said, tearfully.

D.P. had an evident problem with the truth or knowing the law as it is illegal for him to demand a new deposit when the tenant is forced to move because of the negligence of his employees.

Let’s Get Real

I got D.P. on a conference call with Randi, and he lied, claiming that Randi delayed reporting the water leak. That was cleared up in ten seconds.

“I understand you wanted to relocate her and insisted upon another deposit. Is that correct?”

 “Wuh…Wuh…Well, well, I can’t recall,” he stammered.

“But you know that is illegal, don’t you! Where did you get your certificate as a property manager, from a box of Cracker Jacks?” I sarcastically asked.

“So, now, you are going to refund her deposit, right?”

He replied, “Let me talk with our lawyer and I will call you back in two minutes.”

The Old Letter of Representation Delaying Tactic

He did call back, stating, “Our lawyer wants a letter representation from you.” 

When a landlord or property manager gets a lawyer involved in something as clear as this situation, it is the equivalent of them saying, “We are going to delay this for as long as possible.”

So, I replied, “Sure, I will hand you that letter of representation right in front of the television news cameras for the press conference that I will set up later this afternoon at the apartment house. So, what is it? Are you going to refund her deposit, release her from the rental agreement, or look like a complete fool on TV?”

10 Minutes Later

D.P. called. “We are refunding her deposit tomorrow morning during the walk through just to be sure she has not damaged the property. Is that agreeable?

Of course it was, and the next day, Randi got her deposit back and moved out, one happy camper.
Moral to the story: Had the owner checked out D.P. he would have hired someone else!

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

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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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