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  1. #1
    blau is offline Member
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    Tenents Fighting eachother what should I do what is my liability (if any)

    What is the name of your state (only U.S. law)? CA

    I have a multiple unit apartment. I got a call from one of my tenants (tenant #1) a few days ago saying he was "jumped" (attacked) by the guess of one of my other tenants and the other tenant (tenant #2) join in the fight. Tenant #1 said he was calling me from the hospital. He said the police was called. He said he has a video of the incident. I asked him if there were any arrest. He said the guess of the tenant #2 left the property when the police got there and tenant #2 said he was trying to break up the fight. But he was pressing charges. I told him at that time to just get well and we can talk later about it. He called me the next day and essentially asked me to evict tenant #2. I essential said the police came out you are pressing charges it is premature for the management to consider any action if any before the police issues any opinion in a report or any other court action by the two of you.

    But today I got a letter from tenant #2. Saying tenant #1 is the aggressor. It said tenant #1 threw the first pouch. It also said that tenant #1 has provoked them [tenant #2] in the pass with racis and or other verbage or gesture. But have never came to blows. It also said tenant #2 feels unsafe. It said tenant #1 has harassed and made false accusations accusations against them and their family [tenant#2]. And ask us (management/owner) "fix this problem".

    My questions what is my duty and liability in this matter as the landlord if any?

    What should I do?
  2. #2
    OHRoadwarrior is offline Senior Member
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    I would evict them both for destroying the harmony of the complex if that somehow fits into your lease conditions.
  3. #3
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by blau View Post
    What is the name of your state (only U.S. law)? CA

    I have a multiple unit apartment. I got a call from one of my tenants (tenant #1) a few days ago saying he was "jumped" (attacked) by the guess of one of my other tenants and the other tenant (tenant #2) join in the fight. Tenant #1 said he was calling me from the hospital. He said the police was called. He said he has a video of the incident. I asked him if there were any arrest. He said the guess of the tenant #2 left the property when the police got there and tenant #2 said he was trying to break up the fight. But he was pressing charges. I told him at that time to just get well and we can talk later about it. He called me the next day and essentially asked me to evict tenant #2. I essential said the police came out you are pressing charges it is premature for the management to consider any action if any before the police issues any opinion in a report or any other court action by the two of you.

    But today I got a letter from tenant #2. Saying tenant #1 is the aggressor. It said tenant #1 threw the first pouch. It also said that tenant #1 has provoked them [tenant #2] in the pass with racis and or other verbage or gesture. But have never came to blows. It also said tenant #2 feels unsafe. It said tenant #1 has harassed and made false accusations accusations against them and their family [tenant#2]. And ask us (management/owner) "fix this problem".

    My questions what is my duty and liability in this matter as the landlord if any?

    What should I do?
    Your liability is none, unless the tenants can prove in court that you had something to do with this in any way.

    There is no legal requirement that you evict either tenant at the direction of another tenant.

    I would however consider what was already suggested.
  4. #4
    FarmerJ is offline Senior Member
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    the one who asked you to evict the other tenant, do them both the same and tell them this is a civil matter between them and if they cause any more disturbances instead of ignoring each other you will have no choice but to evict them both ( in other words to grow up !) you are free to not renew leases with one or both. And if they still cannot act like the adults they are supposed to and there are further calls to police get copies of the police reports for your records.
  5. #5
    John_DFW is offline Member
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    You could also offer to end the lease agreement with one or both of them. Personally I would offer to both.
  6. #6
    FarmerJ is offline Senior Member
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    If either one of them ask you about the other , your not obligated to discuss it with them , its not anyones business but yours what you decide to do. If your tenants cant act like adults then by all means decide for them but know this , if you are to evict for reasons other than non payment or one tenant damaging your property its good to have more than one incident (police report ) when its incidents of disturbing the peace.
  7. #7
    blau is offline Member
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    Quote Originally Posted by FarmerJ View Post
    If either one of them ask you about the other , your not obligated to discuss it with them , its not anyones business but yours what you decide to do. If your tenants cant act like adults then by all means decide for them but know this , if you are to evict for reasons other than non payment or one tenant damaging your property its good to have more than one incident (police report ) when its incidents of disturbing the peace.
    In this case according to what the tenants (the combatants) told me this is an assault, fist fight.

    Also I have been advise that I should consider have the tenants go to mandatory mediation. So their conflict can be resolved through mediation.

    What do you guys think any experiences here with it?
  8. #8
    debtcollector` is offline Senior Member
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    There is no upside to your getting involved in their fight. If you can find a reason in your lease to evict one or both, then you need to decide if you want too.

    But stay out of the fight -- you are not the police or the court. There is only trouble for you down that road.

    DC
  9. #9
    Searchertwin is offline Senior Member
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    Quote Originally Posted by blau View Post
    In this case according to what the tenants (the combatants) told me this is an assault, fist fight.

    Also I have been advise that I should consider have the tenants go to mandatory mediation. So their conflict can be resolved through mediation.

    What do you guys think any experiences here with it?
    Your not listening to other posters advice. You need to stay away from this situation. As long as they are not destroying your property or not paying rent, you have no part in this.
    Take advice that was given to you.

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