State Specific Question About: CALIFORNIA (CA)

At what point is Landlord abuse become Elder abuse? We have a tenannt living on an expired lease. He said he would be moving soon. That was a year ago and he has since got married. His wife is very volitile. Since the contract was expired, she was never on the contract. The problem began with the furnace stopping. We were working on it, when she saw me she came out her back door and started screaming at me at the top of her lungs and threatening what would follow if the heater was not repaired that day. My husband heard her and came around and told her to get back in the house.

I agree with the suggestion to get a lawyer.

You may think it is too expensive. I argue it is too expensive NOT to do it. If hubby ends up in the hospital with a stroke, THAT will be expensive. An attorney will seem cheap in comparison to an ER.

Spend $1000 or $2000 or whatever it takes to get these people OUT. Do not deal with them any longer. Conversation is a privilege among civilized people, so if they act like jerks, I ignore them. They can scream all they want. I simply go inside, dial 911 and put in a "disturbing the peace" call to the cops.

CA Penal Code §368(c) says:

I agree that you need an attorney, and gather as much hard evidence of behavior as possible - including any notices you have sent to them to cure the violations.

They are clearly taking advantage of you, and I suspect you did not screen well, and certainly have not managed well. Now you realize you are way in over your head. That's good - get the right help to stop the mess asap.

You need the BEST attorney in your area who specializes in Landlord/Tenant law and is very experienced doing evictions.

Go to your local eviction court NOW and observe. See what attorney is there doing multiple evictions & winning. Get their contact information before they leave & follow up Immediately.

Also know that having a live-in tenant is a different set of laws than having a tenant in another residence you aren't living in. Living with a tenant gives you more latitude by exempting you from some laws... federal anyway.

Oh I like that SID!

If you make a Police complaint, they are required to investigate, although the District Attorney is not required to prosecute such a complaint, especially a first violation.

You may be able to affect their behavior by a visit from an investigating detective, just by the police showing up and announcing that a police complaint has been made and that what happened is indeed a law violation. In most CA jurisdictions, the detective is trained and experienced in such neighbor disputes and he/she may be able to convince the tenant to change her behavior.

So a live in tenant is much different than if you have condo-iszed your home or if you have a duplex. It is unclear if this is a shared dwelling or the later. Much different rules for each.

I would switch all communication to only written, file a report with the police and be very careful with these tenants. It isn't right when someone verbally abuses anyone. Find a good attorney and get them out. Your health and sanity is worth far more the $$ per month. There are other tenants that would value you!

So a live in tenant is much different than if you have condo-iszed your home or if you have a duplex. It is unclear if this is a shared dwelling or the later. Much different rules for each.

I would switch all communication to only written, file a report with the police and be very careful with these tenants. It isn't right when someone verbally abuses anyone. Find a good attorney and get them out. Your health and sanity is worth far more the $$ per month. There are other tenants that would value you!

Your husband might consider telling your tenant that you are going to file a report with the police regarding her reaction and mention that elder abuse is going to be part of the consideration. Then hand your tenant a copy of the definition of elder abuse (listed below). Your husband might also consider telling your tenant that you will be getting an attorney and getting them out, and an eviction will follow them for a while.

It will be really hard for them to continue to live there if you get a restraining order against them since it is in such close proximity to your residence.

"We have a tenannt living on an expired lease. He said he would be moving soon. That was a year ago and he has since got married."

"The husband that we rented to has always been wonderful."

I am trying to figure out how those 2 statements go together?

On Monday morning, call Dennis Block.

5437 Laurel Canyon Blvd 2FL

Valley Village, CA 91607

Phone: (323) 938-2868

Fax: (323) 938-6069

e-mail: dennis@evict123.com

Let his office deal with this tenant.

Check with attorney regarding possibility of obtaining temporary restraining order for domestic violence which might remove by court order the parties doing the abuse.

This TRO is typically used by one married person against the other married person but it is sometimes available in other situations.

Since this is not the typical situation many attorneys will not be familiar with this less common use of it and even tell you it is not ever done but it is sometimes used in these less common applications so you might need to consult with some attorney in this specialized niche such as a family law attorney.

If you are in Northern California, please call the best and low-cost eviction attorney, Todd Rothbard, in San Jose. His office offers free advice, and you can at least find out your options.

Good news and not so good news.

They are taking us up on giving us a thirty day notice and leaving. Good news. They also want to avoid all contact with us and keep everything in writing from now on. Good news.

The bad news is, they are still being threatening. Of course wife said I attacked her verbally. Yea, a 73 year old is going to take on a 34 year old. I'm too old to be that stupid. So, if we come anywhere near them, they will get a restraining order. The letter they put on my door says they have contacted law enforcement regarding my "attack on his wife". Yea, right. I can see her shaking in her boots. I called the sheriff department and they couldn't find any report. They said that I should talk to their civil department on Monday. Their letter went on to say they are going report us to "authorities" so our "shenanigans" would not be inflicted on any other tenannt. What ever that means.

That sounds a lot like a lot more threats to me. Nice they would put it in writing though.

Their eviction notice from us should have been for 60 days, but since they gave me a 30 day notice, I sent them a 30 day notice stating the time period was at their written request. The sheriff department told me to send them a notice even though they had sent me a notice.

Ken's post above is exactly my thoughts as I read your latest posting.

Save everything.

Thank you for the update.

The thought they are trying to pull one over on us has occured to me.

An attorney is probably the cheaper optiom.

Yes, everything is in writing and I am keeping everything in a folder.

I gave them the 30 day notice last night. I haven't heard anything from them yet today.

I don't know about CA but in CT you could actually get those people evicted in a few weeks since they live with you.

Your a year to late to hire a good eviction lawyer, don't wait any longer. Follow the lawyers advice. If they threaten you again call the police and video it. If they threaten harm you might be able to apply for an emergency restraining order.

I am different than most. I would not equate a tenant screaming to "fix the furnace today or else" being landlord or elder abuse. I would feel it is an idiot or frustrated tenant.

I also must be tougher than most as this would roll off my back without a second thought. You either keep walking, go back inside, etc. End of "discussion" as they can rant all they want but you're not standing there interacting or responding.