Landlord’s defense of property has limits

Question: I have a tenant in the duplex I own who has complained to me several times that her ex-boyfriend is stalking her. She tells me she is very afraid of him. I live in the other unit in the duplex. I feel that I have an obligation to protect my tenant and my property. Do I have a right to call the police to remove the ex-boyfriend as a trespasser? Also, if I find myself in a confrontation with the ex-boyfriend before the police arrive, do I have a right of self-defense to protect my rental property?

Answer: You have no right of “defense of property” on the portion of the duplex premises occupied by your tenant. Under the law, she has legal possession of that portion of the property and only she can act to protect it.

On the other hand, you can take reasonable steps to protect the common area and the premises you personally inhabit. In fact, some landlords have been held liable for failing to prevent foreseeable criminal activity.

However, we would never recommend that you confront the ex-boyfriend or take any other action that might escalate to violence. Instead, we recommend that you encourage your tenant to file a police report, and if appropriate file your own police report as well. If the actions of the ex-boyfriend constitute a genuine threat or continuing harassment, the tenant could secure a civil restraining order, and if you have personally been the object of this behavior, you could also seek a restraining order. Police are more likely to intervene when there is a restraining order in place.

Many California counties have a “self-help” center that will help you or your tenant prepare the paperwork necessary to seek a restraining order, thereby avoiding the cost of retaining an attorney.

Eichner is director of Housing Counseling Programs for Project Sentinel, a Sunnyvale, Calif. -based mediation service. To submit a question, go to https://www.housing.org.