When Tenant Victimizes the Landlord
There is probably no legal subject that stirs more controversy and has a more immediate impact than landlord-tenant law.
Frequently, we hear of tenants complaining about unscrupulous slumlords; and much has been written, including several columns in this space, about how tenants can use the legal system to assert their rights.
Nearly as often, however, it is a middle-income landlord who owns only one rental property who complains about the costs and hassles created by bothersome and troublemaking tenants.
A Landlord’s Plight
A recent letter is a good example:
“Our tenant initially informed us he was using his last month’s rent and would move out per his rental agreement. Imagine our amazement when that day came and he informed us he had no intention of vacating the premises and had no money to pay the rent. In addition, he told us that it would take at least 90 days to legally evict him and that he planned to use this time to his benefit (saving rent money).
“We have found the eviction process to be quite intricate. When this action terminates, we hope to have lost just the 90 days’ rent and the cost of legal representation. We are fearful of the damage this person could cause to the building itself. Collect damages, you say? Hah . . . he can claim bankruptcy.
“We are not slumlords. We once lived in this same apartment ourselves.
“The bank is not interested in the fact that our tenant has not paid us; the bank still wants the mortgage payment.”
These readers face a common dilemma and there is not much they can do to improve their situation now.
The best advice is to try to prevent these problems, long before they can happen, by checking out tenants very carefully initially. Run credit checks on potential tenants. Find out their previous addresses and check with previous landlords. Examine local court records to see if they have faced eviction proceedings before. If they’ve been evicted from their last three rentals, you certainly don’t want them as tenants.
There are even some companies that will do the checking for you. And it’s worth the initial expense to avoid the headache and added cost that these people have endured.
If you must start eviction proceedings against your tenant, do it quickly. Don’t delay. Hire a law firm that specializes in evictions--there are some that do nothing else--and you’ll get cost-effective representation. Research the law of evictions in advance, so you know what you’re up against. There are several good books: One is “The Eviction Book for California” by Leigh Robinson; another is Nolo Press’ “The Landlord’s Law Book, Evictions” by David Brown.
A basic description of the rights and duties of landlords is included as one of the Tel Law Tapes provided free of charge by the Riverside and San Bernardino bar associations. Call (714) 824-2300 and ask to listen to tape No. 16. (There is no charge for the service, except for the toll charge.)
Defensive Tactic
Another defensive tactic is to require more than a month’s rent as a security deposit. That way you’ll have an early warning sign if the tenant plans to try to apply the deposit toward the final rent. (The legal maximum for an unfurnished apartment is two months’ rent; up to three months is allowed for a furnished place.)
Most landlords have probably heard all of this before. But, unfortunately, dealing with unscrupulous tenants is simply a cost of doing business. And you should know that, before you decide to become a landlord.
Attorney Jeffrey S. Klein, The Times’ senior staff counsel, cannot answer mail personally but will respond in this column to questions of general interest about the law. Do not telephone. Write to Jeffrey S. Klein, Legal View, The Times, Times Mirror Square, Los Angeles 90053.
