Landlord harrassment

[JLG]

What is the name of your state?California
I have rented from this landlord for 7 years. In the last 2 yrs he has become very difficult. He won't fix anything unless I force him to (through Code Compliance insp. or Certified letters). Last time I informed him that the sewer was backing up into our bathtub and our 4-plex neighbors were having the same problem. He asked me what I put down the toilet. He told me I was a "problem tenant" and that no one else was complaining. I told him that is because they are afraid of him. He said; "That's Right!" I told him he needs to do his duty as a responsible landlord. He said; "Why don't you just call Code Compliance?!" I hadn't ever called them before this but I figured; why not? The next day the Code Compliance Officer was out to inspect the sewage health code violation. They also inspected the rest of my apartment and other properties owned by our landlord.
After this experience he has not bothered me but he has been harrassing my neighbors, raising their rent over and over. He cut down a large beautiful shade tree - no reason. He cut up another smaller but beautiful shade tree so that now it looks like hell and he left the mess of limbs for a week now. He has sent each of us a letter complaining about bogus things; telling my neighbor to move a truck that he knows belongs to another tenant; telling me that we have to get rid of a truck because the police are looking for the driver of that truck and he doesn't want any trouble - ??? it's a complete lie. Charging my neighbor $200 for replacement of window screens that the tenant replaced. He tells my neighbor that her daughter is a "piece of crap", making her cry.

OK, TOO LONG....SORRY.

HE IS ACTING CRAZY OR SENILE. HE SPYS ON OUR APARTMENT AT 11PM AND IS BACK SPRAYING MY POTTED PLANTS WITH PLANT KILLER AT 4AM.
What can we do? My neighbors are afraid to "cause any trouble". So I guess a tenants group is out of the question.
I have looked through the forum for an answer....none there.
I have looked up California Codes...I can't find an answer.
You're my only hope!

 

[ENASNI]

It sounds horrific, and I am not a lawyer. I wish one of the california lawyers that were still acting sane on this site would step in.

The only thing I could say is that yes.. You could still bind together and document anything he is doing. It sounds like you have the code compliance crew with you, use that. How much are you going to fight? You sound ready and hardy. I mean this is not " To Kill a Mockingbird" but heckfire we all have our fights to fight.

Get them together, or what?
Isn't the code compliance something? That is where I would lead you if you weren't so smart to go there?

I know I know, red tape is harder to cut thru than duct tape, and I love duct tape, a thousand uses... have to use some now... gotta go..

Good luck.

 

[JLG]

Thank You for your reply

Things here are pretty strange lately. Today the landlord is cutting down a large shade tree in front of my apartment. I received no advance written notice about this. Yesterday my S/O just happened to talk to the LL while he was finally cleaning up after the mess he made last week with tree trimmings. If the large shade tree is cut down we will have no shade. 20 feet from our front door is a large parking lot. The heat coming off of that black top is unbearable in the summer months. And our apartment walls have no insulation to keep our apartment from becoming an oven when the sun hits them all day. Without the shade tree this summer it is going to be miserable in here. My neighbor told me that is what the landlord said he is doing it for. To get back at me for calling Code Compliance.
Is there some thing I can do to stop him from this continued harrasment? I pay my rent in full and on time every month. I cause him no trouble (except for the one time code compliance thing....and HE TOLD ME TO DO IT.)
I didn't report him for the time our gas/hot water was off for 6 weeks. I don't complain when he turns our water off at least twice a month for a whole day. Or when he turns our electricity off for a whole day. These things he does without ANY advance notice. I truely fear that one of these days I am going to be in the shower with my hair full of shampoo when he turns off the water.
I know there is something called "quiet enjoyment" of our home. Does that apply here? When he rides around on his little golf cart with his defoliant sprayer spraying MY potted plants does that count for something? He told me I could plant a certain area with anything I wanted as long as I took care of it, now he is spraying those plants with plant killer; one at a time. So I moved my favorite plants into pots and he is still killing them. Don't I have any rights?
There is more but this post is already too long.

 

[fairlight]

You'll probably get a lot more responses once the weekend is over. Until then, you may want to check out http://www.caltenantlaw.com/Res-Law.htm.

Document what the landlord is doing and saying as much as you can. I know it's hard, but keep your emotions out of the documentation. For example, don't say, "This jerk turned our water off for an entire day without any notice." Say, "On May 1, 2006, the water was turned off in our 25 unit apartment building at One Mockingbird Lane and was off all day. The water was also off all day on April 14 and April 15, 2006. No advance notice of the shut offs was given by the landlord."

You may end up having to get a lawyer. A lot of tenants are strictly talkers when it comes to this kind of thing. They love to chat with you about all the problems with the building, the lousy manager, the incompetent landlord, but when it comes to doing something about it, they run like rats in the sunlight, and you're left holding the bag, so to speak.

See if the local bar association has one of those clinics where you can briefly talk to a lawyer at no charge. Also look for tenant/landlord associations in your area. They give free advice about this kind of thing.

 

[JLG]

Omg!!! Thank You So Much!!!

I just checked that web site. It is so great. My apartment is "uninhabitable" there are no deadbolt locks, window locks, heater, weather stripping and the front door has a 1 1/2" gap under the door. When I mentioned these things to the Code Compliance Officer (because I had read about them somewhere) he didn't seem to have a clue and didn't site the LL for them. Is City Code compliance the right gov. office to report these things to? I used to keep track of the water/electricity off days and hours but I stopped because I didn't think they would count for anything. I keep everything and I know I have those calendars filed somewhere in my filing cabinet.
Thanks so much for your help. I'll keep you informed as to whether I can get any other tenants involved in this.
It's kinda sad...all I wanted when I moved back out here was peace. But I guess everything happens for a reason and every challenge strengthens you.
Thanks again.

 

[JLG]

Well, He Broke the Camel's Back!!!

NEW NEWS:
That lousy excuse for a human being has gone too far. My LL has always threatened to cut down our big shade tree if we didn't comply with what ever his current demand was. We have always done the things he told us to do. Monday when I got home from work my only respite from the 105+ degree heat, was gone. He cut down the shade tree and left the 10ft trunk and the 3-large 7ft branches across my 2 parking spaces just to harrass me. They have been laying there for 3 days.
Today (May 5,'06) I received a letter from him raising my rent $100 (effective 7/1/2006)- for "maintenance costs, rise in property taxes & insurance". He doesn't pay anyone to "maintain" his rentals; IF he ever "fixes" anything he does it himself or he hires illegal Mexican imigrants to do the work (for pennies or in-exchange for hiding/sleeping in his tin roof shacks).
He raised our rent more than 10% last year with only one month notice. I know that he should have given me a 60 day notice but I "wanted to be nice and not cause trouble". I never should have let him get away with it because he thinks he can do it again this year. I am writing him a letter quoting the rent hike code and a complaint concerning the "untenantable" conditions and the tree incident.
HE CAN'T RAISE MY RENT YET CAN HE? My lease is dated April 1, 2005 but we did not sign it until July 12th. Also I made my code compliance complaint around 8/2005 but the LL still hasn't completed all of the items on the citation so on 5/5/2006 I told code compliance to come out again to re-inspect.
Instead of sending me a new lease or a renewal of lease he sent me a "change of terms" form to sign. Shouldn't he have sent me a lease renewal? If I am on only a month to month tenancy he can evict me for nothing with only a 30 day notice.

 

[LindaP777]

JLG-
Sounds like you've been through hell with an unreasonable landlord. There is no government department who can give your landlord a heart (or a brain). I'm afraid it's time to move. That's the only way I see to end your problem. No matter what you do now, it will only be something else later. There will come a time when you're in the shower, with shampoo on your head and he'll shut the water off. Don't live this way anymore.

 

[BelizeBreeze]

NEW NEWS:
That lousy excuse for a human being has gone too far. My LL has always threatened to cut down our big shade tree if we didn't comply with what ever his current demand was. We have always done the things he told us to do. Monday when I got home from work my only respite from the 105+ degree heat, was gone. He cut down the shade tree and left the 10ft trunk and the 3-large 7ft branches across my 2 parking spaces just to harrass me. They have been laying there for 3 days.

So? It wasn't "YOUR" tree to begin with.

Today (May 5,'06) I received a letter from him raising my rent $100 (effective 7/1/2006)- for "maintenance costs, rise in property taxes & insurance". He doesn't pay anyone to "maintain" his rentals; IF he ever "fixes" anything he does it himself or he hires illegal Mexican imigrants to do the work (for pennies or in-exchange for hiding/sleeping in his tin roof shacks).

and since your current lease expires on that date if and when you sign a new one it is perfectly legal to raise the rent.

He raised our rent more than 10% last year with only one month notice. I know that he should have given me a 60 day notice but I "wanted to be nice and not cause trouble".

And how do you "KNOW" this?

I never should have let him get away with it because he thinks he can do it again this year. I am writing him a letter quoting the rent hike code and a complaint concerning the "untenantable" conditions and the tree incident.

Of course he can.

HE CAN'T RAISE MY RENT YET CAN HE? My lease is dated April 1, 2005 but we did not sign it until July 12th. Also I made my code compliance complaint around 8/2005 but the LL still hasn't completed all of the items on the citation so on 5/5/2006 I told code compliance to come out again to re-inspect.

It doesn't matter when the lease was signed, only when it is effective and that is controlled by the dates on the lease.

Instead of sending me a new lease or a renewal of lease he sent me a "change of terms" form to sign. Shouldn't he have sent me a lease renewal? If I am on only a month to month tenancy he can evict me for nothing with only a 30 day notice.

not necessarily. And yes, he can evict you under those provisions if you are on a month-to-month.

 

[JLG]

WOW! Where do you get your information?

So? It wasn't "YOUR" tree to begin with.

The law states that when you rent a residence that residence becomes, for all intent and purposes; your property. The landlord may not trespass on the property without your permission. In fact that permission can be insisted on in writing and I believe it said; 5 days in advance. I can look up the exact Civil Code if you would like. Also, if he trespasses or harasses you; you can get a restraining order to keep him away.

and since your current lease expires on that date if and when you sign a new one it is
perfectly legal to raise the rent.

Yes it is legal to raise my rent as much as he would like to (in this city) every 30 days if I am on a month-to-month tenancy _ as long as it does not exceed the 10% allowable by law; and every 60 days if it is more than 10%.

And how do you "KNOW" this?

I know this because I can _google__.LOL!!! You MIGHT be able to too. Look up _(your State) Civil Code_, or _Landlord-Tenant_ laws.

Of course he can.

Yes, you are right. I looked up the codes and sure enough he can raise the rent as much as any renter is willing to pay. BUT!!! He must maintain a dwelling in a _tenantable_ or _habitable_ condition. If he tries to raise the rent while the dwelling is in the un-tenantable condition he can be sued for up to $2,000.00.

It doesn't matter when the lease was signed, only when it is effective and that is controlled by the dates on the lease.

I have not yet looked into that particular yet. When I do I will be glad to inform you of my findings.

not necessarily. And yes, he can evict you under those provisions if you are on a month-to-month.

Perhaps it would be easiest if I just cut and pasted the codes for you that I am sending to him in my letter.
Dear Mr.----
RE: Necessary repairs and your letter dated May 8, 2006.
The purpose of this letter is to request repairs necessary for my unit and to inform you that we will not be supportive of your rent adjustment at this time.
The apartment is still in a dilapidated state and needs repairs to bring it up to a _tenantable_ condition.
Section 1941.3 of the California Civil Code states:
Rental units should have dead bolt locks on the entry door and window security locks on every window.
California Civil Code 1942.4 concerning the maximum penalty for demanding or collecting rent in a dwelling deemed untenantable is $5,000.00 plus costs, and attorney_s fees.
If the repairs are not made within a reasonable amount of time, then I may exercise my rights under California Civil Code section 1942 or take other appropriate legal action.
1941.1. A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
a. The southern exposure outside wall is made of asphalt roofing.
b. There is not any insulation in the exterior walls to keep out the cold in winter or to keep out the heat in the summer.
c. The front door is falling off of the rotted door frame. You _fixed_ it once by putting longer screws in the rotted, termite eaten wood frame, but it fell off again.
2) Plumbing or gas facilities, maintained in good working order.
a. The sewer line backs up when the tree roots get overgrown inside the pipe.
b. Two weeks ago we turned on our water and brown, muddy water came out of the faucet. Did you flush the line with a sanitizer?
3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
a. There are no traps between the facilities and the sewer; so the _black air_ comes up through the drains. It smells, it is unhealthful and it is full of bacteria.
b. Both the kitchen and bathroom sink drain pipes were never properly secured and have come loose on occasion; ruining everything that was stored under the sink in the cabinet.
4) Heating facilities, maintained in good working order.
a. There is no heater.
5) Electrical lighting, with wiring and electrical equipment, maintained in good working order.
a. There is no emergency access to the utilities within reasonable means. There are two gates but both are kept chained and locked, with razor wire endangering anyone who would dare to try and climb over the 4 foot fence.
b. When the refrigerator kicks on at the same time as we are vacuuming or if there is any electrical usage in the 2nd bedroom; the circuit breaker pops.
c. There is substantial browning of the lights when anything is turned on.
d. The ceiling fan/light causes a buzzing sound and disturbance in the TV or radio wave reception: indicating a probable electrical short in the wiring of the light or a switch within the system. And now it doesn_t turn on at all. Also; it wiggles as though it maybe coming loose from the ceiling beams. I believe it is unsafe to operate and should be replaced.
6) Floors, stairways, and railings maintained in good repair.
a. The floor in the bathroom is painted cement and the paint is chipping off exposing the grayish-brown, grimy cement underneath.
b. The floor in the corner of the bedroom is uneven and even seems to be changing shape; like maybe it is dirt or broken concrete under the carpet.
California Civil Code 1942.5 regarding Retaliatory Actions, Evictions and Discrimination
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, or has made an oral complaint to the lessor regarding tenantability.
(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3) After the date of an inspection or issuance of a citation,
resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(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.
(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
CA Civil Code 1940.2 regarding the penalty for harassment of a tenant. There is now a penalty of up to $2,000.00 if the landlord commits any of the following for the purpose of influencing a tenant to vacate a dwelling:
1) Violation of Penal Code 484(a) (Theft)
2) Violation of Penal Code 518 (Extortion)
3) The use or threat to use force, willful threats, or menacing conduct that interferes with the tenants quiet enjoyment of the rental.
4) A significant and intentional violation of Civil Code 1954 (entry by landlord)
Thank you in advance for your anticipated cooperation in resolving this matter in an amicable manner.
Sincerely,
ME

 

[KimberlyCali]

What your landlord is doing is called constructive eviction, which means he is making it so miserable to live there that you will move out. IT IS VERY ILLEGAL. There are many laws in CA to prevent landlords from doing this, PLEASE contact a tenant's rights organization or check out this website for links to other ways to get legal help. Also check out the section on retaliatory actions.
Most importantly KEEP AN ACCURATE LOG OF EVERYTHING HE DOES, including date, time, exact details and if there are any other witnesses, have them sign a written statement of what they saw.

http://www.dca.ca.gov/legal/landlordbook/index.html

You have a very good case against your landlord and can sue him and get $2000. for every violation so please contact an attorney or tenant's rights org. There are many attorneys who will take your case without charging you. Look to your local Bar Association.

I hope this helps.