my tennant called me and said do not come by unless you want to have to eat through a straw.
This was after he stopped paying rent and I put a 24 hour notice on the door to see if anyone was still living there.
or could I have gone there, let him hit me, then have him charged with assault?
p.s. NEVER own a rental house in california, the laws are all against the landlord
2007-01-12 15:36:44 · 24 answers · asked by brainiac 4 in Politics & Government ➔ Law Enforcement & Police
It may be. You'll have to check Ca law. You may also be able to record him if California is a one party state, meaning one person (you) is aware the conversation is being recorded. Unfortunately Confrontations like this never solve anything and usually go sideways real quick.. It sucks, but you, as the landlord have to go through the proper chanels. If you start playing games with them, you'll both end up in legal trouble and you are right, the tenant has all sorts of protections. Go to court and evict the deadbeat the right way and don't engage him. He WANTS you to confront him. Cops don't referee. You'll both get locked up and he'll use it against you. Many of these tenants want you to fight them. You look bad. The judge is going to ask YOU why didn't you just go to court. You then look like the aggressor. Get a lawyer. Go to court. Next time, really screen your tenant. (credit, backround, previous landlords etc) Also make them pay first months rent AND TWO moths security. Your average deadbeat can't afford 3 months rent up front and if they can, it gives you two months breathing room to evict them.As soon as they are a week late, you evict them. Period.
Oh yeah, a poster above said change the locks. Thats constructive eviction and is illegal! In no way can you do that. You will end up in jail and he can civilly sue you. So is turning off utilities etc. The only way you get him out is by an eviction order, served by the Sherriff or Police.
Go rent Pacific Heights with Michael Keaton. You'll never rent to anyone again.
2007-01-12 15:49:08 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Well, if he hasn't paid rent, you can wait until he leaves, then change the locks. It is still your property and until he pays rent, you don't have to let him in. If he threatened you, file a police report. You may need several reports to establish a pattern of behavior on him. The tenent does have some rights when the landlord wants to enter the property. If you give him 24 hours notice before entering, that is legal and sufficient. Open the door and see if he is still there. Now, since he has threatened you, once he is late with the rent, evict him. Immediately.. and change the locks.
2007-01-12 23:42:52 · answer #2 · answered by David L 6 · 2⤊ 1⤋
There is a law in every state and it is called 'due process' when you have been threatened or have a problem the best thing to have is a paper trail so you file reports with the police then if you are hit and or threatened the law will have a right to step in and you will have reports to back you up
2007-01-12 23:45:33 · answer #3 · answered by hypergal1942 2 · 0⤊ 1⤋
Whatever may be the law elsewhere, this is not a criminal threat under California law. A threat violates Cal. Penal Code section 422, only if it "on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety . . . ."
There was no immediate prospect of execution of this threat, and it therefore did not violate the statute. It he hit you, it would be battery.
2007-01-13 19:59:48 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Yes it is, it is a Felony in most states. The charges are "Harassment and Terrioristic Threats." You need to follow up with the full eviction process through the Courts. I have read your statement above, it seems to me that it is time to petition to get the landlord/tenant laws amended or even repealed.
2007-01-12 23:44:32 · answer #5 · answered by Spider 3 · 1⤊ 1⤋
In California it is illegal to make threatening/harassing/annoying phone calls - PC 653(m). When the threats rise to the level of death threats (and the threats place you in reasonable and sustained fear for your safety) a violation of PC 422 - criminal threats - may have occurred. This is a felony.
2007-01-14 02:25:29 · answer #6 · answered by James P 4 · 0⤊ 0⤋
Yes that is illegal. When one of my ex threatened my life, I went straight to the police precinct the next morning and filed a police report, then I got a restraining order in the mail.
But I had evidence...he stupidly threatened me through IM and all I had to do was print it out. You should probably try to gather evidence.
2007-01-12 23:40:52 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Yes, it's usually illegal in most states, I believe it's called "communication of a threat."
2007-01-13 00:42:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes it is illegal. I would file a police report.
You need to get an attorney who is experienced in dealing with unlawful detainer to handle this person. They will get him served, and then have the sherrifs go out there and evict him.
2007-01-12 23:51:12 · answer #9 · answered by Anonymous · 0⤊ 1⤋
I can't stand freeloaders. I would document everything he said, then get an eviction order. If he does not listen to your reasoning first then it is just a matter of time before he can be removed legally.
2007-01-12 23:49:03 · answer #10 · answered by mc 3 · 2⤊ 0⤋