Concerned about Identity Theft

[BigMouthWino]

What's a "Tenanet's Union"?

(I'd normally chalk it up as a typo, but this is the second instance that the OP has used the term)

A Tenant Union is similar to a labor union only instead of employees joining together to get better terms out of their employer several tenants of a common landlord join together to get better rental terms, repairs made, etc. Google it - they're more prevalent than one might think.

 

[CdwJava]

A Tenant Union is similar to a labor union only instead of employees joining together to get better terms out of their employer several tenants of a common landlord join together to get better rental terms, repairs made, etc. Google it - they're more prevalent than one might think.

Except that they likely have little to none of the same protections that a labor union might have. It sounds as if they might be a "mob" or a "PAC" without the money.

 

[BigMouthWino]

Except that they likely have little to none of the same protections that a labor union might have. It sounds as if they might be a "mob" or a "PAC" without the money.

Not quite. They are protected against retaliatory evictions, they have the right to collectively bargain and the right to sue collectively. In California they're frequently called Tenant Associations. And just like no employer wants a labor union, no landlord wants a tenant union.

 

[CdwJava]

Not quite. They are protected against retaliatory evictions, they have the right to collectively bargain and the right to sue collectively. In California they're frequently called Tenant Associations. And just like no employer wants a labor union, no landlord wants a tenant union.

Where are those rights codified in CA? I have heard of these groups, but I have also been told that they really have no legal teeth beyond what a normal tenant might have. They might be able to sue a landlord as a group without seeking to create a class-action suit, provided the claims and grievances are common to all the parties, but beyond that they appear to have no more or less rights than any individual tenant - simply the perceived strength of numbers.

 

[BigMouthWino]

Where are those rights codified in CA? I have heard of these groups, but I have also been told that they really have no legal teeth beyond what a normal tenant might have. They might be able to sue a landlord as a group without seeking to create a class-action suit, provided the claims and grievances are common to all the parties, but beyond that they appear to have no more or less rights than any individual tenant - simply the perceived strength of numbers.

The California Legislature has enacted several laws to assist tenants in organizing. A recent one is Civil Code Section 1942.6.

Covering retaliation with regard to seeing up a "lessee's association" (same thing) Section 1942.5(c)

 

[Zigner]

A Tenant Union is...

I know & understand what a Tenant Union is. That wasn't the question.

 

[CdwJava]

The California Legislature has enacted several laws to assist tenants in organizing. A recent one is Civil Code Section 1942.6.

Still no SPECIAL rights, simply reinforcing a tenant's right to have a guest of his choosing even if the management objects.

Any person entering onto residential real property, upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the purpose of providing information regarding tenants' rights or to participate in a lessees' association or association of tenants or an association that advocates tenants' rights shall not be liable in any criminal or civil action for trespass.

The Legislature finds and declares that this section is declaratory of existing law. Nothing in this section shall be construed to enlarge or diminish the rights of any person under existing law.​

As i said, they are not granted any special rights under the law. They can organize and act as a group, but they lack the same protections as organized labor and have no additional rights not already available to tenants individually.

But, it's not the issue for the OP. The OP apparently lives in a month-to-month rental and it is unclear whether or not he has actually paid his rent for February.

The OP's concern that his mailed documents might be used for identity theft are valid, but, there is no proof of any wrongdoing at this point so it is much ado about nothing. I am unsure what these documents are that he sent to the management or their purpose, but a tenants' union is not the issue here.

 

[Tresha91203]

A 1 year subscription to a lifelock type service would mitigate any damages and protect you. Perhaps you could recoup that from your LL. When you tell then who signed for the personal documents, and it turns out to be one of their employees, you may be able to get them to pay for that service.

 

[popeye23]

Concerned about Identity Theft -Issue Resolved

I have since discovered the papers were received. Part of the problem would seem
to be one of communication, i.e English being the second language of the Hotel staff. I want to thank
all of the responses from all the members and the time taken to make those responses ​

 

[BigMouthWino]

Still no SPECIAL rights, simply reinforcing a tenant's right to have a guest of his choosing even if the management objects.

I'd say it being an event that triggers the protections against retaliatory behavior by the landlord a SPECIAL right.

 

[CdwJava]

I'd say it being an event that triggers the protections against retaliatory behavior by the landlord a SPECIAL right.

Retaliatory conduct that is not lawful is already protected under the law. One does not need a group to act on them. Other than being a group of people and applying the "strength in numbers" these associations are afforded no additional rights or protections in CA. Your state may be different.

 

[BigMouthWino]

Retaliatory conduct that is not lawful is already protected under the law. One does not need a group to act on them. Other than being a group of people and applying the "strength in numbers" these associations are afforded no additional rights or protections in CA. Your state may be different.

You ought to check out the California Civil Code. I posted two relevant sections, but there are more if you feel like educating yourself

 

[CdwJava]

I read them:

1942.6:

Any person entering onto residential real property, upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the purpose of providing information regarding tenants' rights or to participate in a lessees' association or association of tenants or an association that advocates tenants' rights shall not be liable in any criminal or civil action for trespass.
The Legislature finds and declares that this section is declaratory of existing law. Nothing in this section shall be construed to enlarge or diminish the rights of any person under existing law.​

This concerns an owner or manager not interfering or retaliating against a tenant for participating an association, it does NOT confer any special rights to the association not already afforded a tenant.

And,

1942.5(c):

It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees' association or an organization advocating lessees' rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was, in fact, retaliatory.​

Same thing.

Those sections allow the tenant(s) to organize and prohibit an owner or manager from retaliating because of that membership or their participation. They do NOT grant ANY special rights that a tenant does not already possess.

Perhaps you might consider educating yourself by reading the sections, first.

 

[BigMouthWino]

Those sections allow the tenant(s) to organize and prohibit an owner or manager from retaliating because of that membership or their participation.

My point exactly. Thank you.

 

[CdwJava]

My point exactly. Thank you.

You said they had the right to collectively bargain, they don't. They have no special rights not already granted to individual tenants unlike labor unions which have numerous protections for the membership, allow for the right to strike, allow for the association to represent the individual tenant, etc. Tenant associations don't have these rights to act on behalf of its members with regards to their leases. So, if that's your point, yeah, we agree.