Legal action against threatening tenants?

Question

I recently was threatened with harassment by a tenant. I felt angry and helpless, since laws here in California are so slanted towards tenants that I was not certain I could do anything.
What legal remedies are available? And what about physical threats? I nearly got in a fistfight with a tenant 3 years ago. What legal remedies are available to a landlord threatened with physical violence, which will not clash with tenant rights?
I find there are relatively few crazy tenants, but they do crop up regularly...

David Wedemire · Answer

Emotional threats can be just as effective as physical. That is why they used so often. Don't put up with it.

Chris Colvard · Answer

If you threatened, call the police and at least have it documented by a police report.  If it's bad file charges.

That should get you off the hook to do an eviction and avoid a law suit.

Account Closed · Answer

jon is absolutely correct..month to month leases keep the power in your hands..a year lease only locks a crappy tenant into your home or apartment for awhile...i've been threatened by tenants...i file a police report..if they have a previous violent criminal record, the cops are supposed to take it more seriously..who knows what happens once that report is filed however..

Rob Gillespie · Answer

I would start over with a new tenant. See if you can get them into mediation or maybe just m=pay them a couple hundred bucks to leave.

Now on to the future!!
Always introduce yourself as a partner in the property. When there is a problem, you do not care, but your partner is the bad guy. "he wants to raise the rent 50 bucks, I said no way! Can you do 25?" You will be a good guy for raising the rent!
Good luck, keep your cool, and remember, it is just business, not personal. :mrgreen:

Mark Hu · Answer

It was only a threat of harassment. However, frustrating because I figured like the earlier physical threat, I would not be able to do anything because of the pro tenant bias here in CA.
Anyways the tenant is out, and I am just going to do things legally, try (very hard) to keep my personal feelings out of business.

Jon Holdman · Answer

This is one reason I only do month to month leases.  I can terminate the lease quickly for any reason or no reason at all.  May still have to evict, but then I have a strong case for eviction (lease has been terminated) rather than a weak one (he threatened me.)

Mitch Kronowit · Answer

Sounds like you either need a good attorney or a higher class of tenant. This is one reason I moved our rentals into an LLC and hired a couple of property managers. Can't get into a fist-fight with a tenant if they don't know who you are and are never face-to-face with them.

Joel Owens · Answer

I have been taking martial arts for years and above all else we practice mental warfare and emotional control.

As soon as you lose control you have given advantage to your opposing party.

Let them lose control and call the police.File a report.Just because they have tenant rights doesn't mean they can threaten people.

I don't take anything off of my tenants.I set them straight real quick.

Matt R. · Answer

Hi Mark,
Always, always thoroughly screen the tenants before hand.
The easiest way to deal with 'crazy tenants' is to make sure you don't have any.
Always, always thoroughly screen the tenants before hand.

There's a lot of good discussions on BP about the experience that others have had with pesky tenants - most are remedied by having good, well written leases; documenting all interactions with the tenant (request by you for access in writing, request from tenant for repairs in writing) and always, always screen the tenants thoroughly.
If you don't get a good vibe from the tenant applicant, move on.  The extra hassle and cost easily outweighs the benefit of having the rental occupied immediately.

Did I mention the point about screening the tenents ?

Mark Hu · Answer

Thank you for your comments. I think I'm now well prepared for the next crazy tenant that comes along. I guess it is just part of the job.

Legal action against threatening tenants?

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