The issue is complex - Posted by Rich-CA
Posted by Rich-CA on April 14, 2008 at 12:58:11:
while you may think its simple. A landlord has very specific legal requirements regarding a tenant. These vary from state to state, but the bottom line is that the landlord can only act for cause. An accusation is not cause. If it were, all I would have to do to put someone I disliked in jail is accuse them of being a child molester. It is fortunate that our system requires evidence our our personal enemies would have a field day.
Here is what I require:
(1) Police report of a complaint.
(2) Complaint must be tied specifically to my tenant. meaning that when I verify the report with the PD, it was my tenant or guest (and they can only be considered a guest if they were found to be inside my tenant’s home, otherwise you have no proof of a relationship).
(3) A log showing the car make/model/license number and what they did. It needs to be over time (say a few months) to establish a pattern of behavior. Even if the tenant denies knowing the person, you can file a complaint against the owner of the car.
The sticking point are two parts of the law. The first says a person is INNOCENT until PROVEN guilty. This applies to everyone. You, me and my tenant. The second is the term “quiet enjoyment”. Its a vague term, but basically means I cannot intrude into my tenant’s life without cause (unpaid rent, routine maintenance, requests for repair, complaints).
Now as to investigating complaints. I recently got one, so here is exactly what I did. First, the complaint was vague. Instead of “on January 3, 2008, we heard loud music coming from the property, called the police, and filed a police report”, I got “people have been wondering if the property is a frat house”. The letter also mentioned calling the police.
I never assume my tenant is in the wrong. That is the benefit of the doubt I mentioned earlier. You would want that too if you were accused of something. I always provide it.
Since the letter claimed to have complained with the HOA and had a cc on the bottom to them, I called them. Together we went through the violations (two lawn and one trash container, both 6 months old). I asked them if they got the letter (I live 5 days away by mail, they are in town). No letter. I faxed my copy to them.
Next I called the Police Department. They pulled a police call report for the entire block dating back 3 months (I figured I would have heard sooner if the complaints were actually older). Not a single call, no complaints, nothing. Nothing by street address, nothing in the block, nothing under my tenant’s names. That means the part of the complaint I received was a fabrication - perhaps a lie, perhaps added by the fact the letter was not actually written by the person having a complaint but by their landlord’s manager. They also get the benefit of the doubt.
I had also called my agent, who called and interviewed the tenant regarding any complaints they may have had from any of their neighbors. Nothing. So I took my findings and the letter, sent them to my manager for a response back to the complaint telling them we find no evidence for the complaint based on what was said, but if they could be more specific, we’d look into it further.
No response yet.
If the police will not do anything, then you can file a civil suit. You still have to prove your case and if it were me on defense, my attorney would definitely obtain fees and costs from you at the end because if you can’t prove your case to the landlord, its unlikely you will be able to prove it to a judge. If I had already looked into it and could not even substantiate the factual claims (police complaints, etc.) and we went to court, I would also file harassment charges against you to.
So here is what I suggest. Make a log of problems. Be as specific as possible. If you call the police, write that in your log. Even if they refuse to come, it will still be in their records (remember the need for proof). To show that you have done your best to resolve this on you own (this looks good from a Judge’s point of view), you can then contact the landlord and pass this information on and see how they respond. If they refuse to be bothered, then you can consider a lawsuit. If they respond, are factual, have checked it out, and do not agree with your conclusions, you may need a judge to decide. A lawyer who will take it on contingency (you pay if you win) would indicate your case must have some merit. If the lawyer asks for a retainer up front to take the case, its a sign that your case would likely lose. Make sure you talk to at least 3 lawyers. They vary in experience and ability.