What are the risks? Tenant turned house into Farm

[Joz]

What is the name of your state? CA. My 94 year old father has a rental in a rural area in Northen CA. Small house on 1 acre. The tenant has been somewhat of a problem for a few years, (late on rent, not honest about it, buying a brand-new car, etc...) My sister has been doing 95% of the managing, wants to keep the tenant, and I have basically no say on anything. Now, the house needed a new deck, and I went up to inspect it. I was a bit surprised when I see that there is now a small farm including at least 1 pig, 4 or 5 goats, countless chickens and ducks. The garage was open about 2 feet and screened off so I'm guessing there's animals in there also. In addition, there is an above ground pool, about 3' or 4' deep on the property. Now, I have a handful of rentals in TN and MS, and I know the insurance co. does not allow pools for the liability. We also have a no pet rule on our properties and have had problems when they sneak one in. There is no pet deposit on this rental, and everything was done "without" permission.
What are the risks to my dad. I've brought it up a couple times and he doesn't seem to care much and only says, he has insurance but not the details of it.
Thanks for any advice or warnings.

 

[AlmostThere]

Unless your father has been declared incompetent to handle his affairs, you cannot do much beyond providing information/documentation that shows his town/county, etc., does not allow livestock at his rental home.

If you feel your father is not competent to handle his affairs, you can speak to a lawyer about having him declared incompetent. Keep in mind, that he may not take this very well, and it could have serious consequences on your relationship as well as your inheritance.

Your dad seems happy to collect the rent when it arrives and go about his way. As this is not your property, perhaps you should be happy that your father is happy.

 

[adjusterjack]

What are the risks to my dad.

Many, and big. But you already know that.

And, as you wrote, you

have basically no say on anything.

 

[zddoodah]

I have basically no say on anything.

I have to ask why you're pointing this out. It's your father's house, not yours. He's apparently chosen your sister, not you, to manage the property for him. So...why mention this?

there is now a small farm including at least 1 pig, 4 or 5 goats, countless chickens and ducks.

Is this permitted under the lease and local zoning ordinances?

In addition, there is an above ground pool, about 3' or 4' deep on the property.

So?

I have a handful of rentals in TN and MS, and I know the insurance co. does not allow pools for the liability.

I've lived in California my entire life. On a couple of occasions, we've had in-ground pools, and, on one occasion, we had an above-ground pool. I've never heard anything like that. But none of that matters. What, if anything, does your father's homeowner's/landlord's insurance say about this?

We also have a no pet rule on our properties and have had problems when they sneak one in. There is no pet deposit on this rental, and everything was done "without" permission.

Obviously, the way you handle things on properties you own in other states really isn't relevant to anything. Is there anything in your father's lease with his tenant that would require permission?

What are the risks to my dad.

Owning rental property carries myriad risks. Virtually all of them can be mitigated with two things: (1) competent tenant management; and (2) proper insurance coverage (including requiring that the tenant carry renter's insurance that names the landlord as an additional loss payee).

I've brought it up a couple times and he doesn't seem to care much and only says, he has insurance

Then there you go.

You're free to consult with a local lawyer about whether a conservatorship would be appropriate, but this is otherwise not something that is your legal concern.

 

[quincy]

Joz, did either your dad or your sister ask for your advice on the rental?

Do you for some reason believe that both your father and sister are incompetent?

 

[Joz]

Unless your father has been declared incompetent to handle his affairs, you cannot do much beyond providing information/documentation that shows his town/county, etc., does not allow livestock at his rental home.

I believe my dad is competent, it's just he is easily persuaded. Concerning late rents, I would always present him with documentation, photos, screen shots and court records that show the tenant is not being honest about not having the rent. I suggested to evict, and he would agree with me. Two days later and after talking to my sister, he wants to keep the tenant. My sister believes everything the tenant says even though it's easily proven wrong. So, to answer quincy, I believe my sister is incompetent, not my dad. Moving forward to the deck replacement. Our guy that does the repairs on 80% of our rentals gave me a quote that would save my dad approximately $2000. My dad was all for it even to save just a little. Two days later, he does a 180 and decides to go with the more expensive quote my sister acquired.

Getting back to my original concern, and why I am asking. I know the rules with our properties and our insurance. I don't know CA laws and rules to that extent. We only have one rental in CA and the lease is very similar to the TN and MS leases. Therefore, my concern to protect my dad from any lawsuits or legal actions. So of course, I'm going to bring up an above ground pool. We had one tenant in TN put up a pool, the insurance found out and cancelled us till the PM had them take it down. The canceling led to more issues but that's another post, but it is related to pets. If a tenant in CA acquires a handful of farm animals, what is the best thing to do? (again, to protect my dad). I don't know what the lease says about this even if there is a lease. My sister seems to rely on the "trust" policy. I'm sure the county allows these animals since one neighbor had a couple horses and another, a few chickens.

Owning rental property carries myriad risks. Virtually all of them can be mitigated with two things: (1) competent tenant management; and (2) proper insurance coverage (including requiring that the tenant carry renter's insurance that names the landlord as an additional loss payee).

Good answer. Number (1), we don't have. Number. (2) I've brought up with no success.

I feel, I just need to warn my dad of the dangers, with hard facts, then I won't worry about him after that. I did what I could.
Thank you for all the comments and info.

 

[quincy]

I believe my dad is competent, it's just he is easily persuaded. … So, to answer quincy, I believe my sister is incompetent, not my dad. … I know the rules with our properties and our insurance. I don't know CA laws and rules to that extent … my concern to protect my dad from any lawsuits or legal actions. … If a tenant in CA acquires a handful of farm animals, what is the best thing to do? … I'm sure the county allows these animals since one neighbor had a couple horses and another, a few chickens.

I feel, I just need to warn my dad of the dangers, with hard facts, then I won't worry about him after that. I did what I could.
Thank you for all the comments and info.

Present your dad with California’s landlord/tenant laws - https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf - and find the applicable ordinances for the county where the rental is located - https://library.municode.com/ca - and let your father do the reading and deciding.

What your father may need to do (probably will need to do) is get a permit from the county, one that allows the tenant to have farm animals on the property. If the property is only one acre in size, the tenant may need to reduce the number of animals being housed there.

You can leave insurance brochures for both your dad and the tenant but you cannot force either to acquire your preferred insurance.

There is little you can do about your sister unless you believe there is elder abuse. The fact that your father trusts your sister to handle matters for him is, again, your “competent” father’s decision to make, as frustrating as that may be for you to accept.

 

[LdiJ]

I believe my dad is competent, it's just he is easily persuaded. Concerning late rents, I would always present him with documentation, photos, screen shots and court records that show the tenant is not being honest about not having the rent. I suggested to evict, and he would agree with me. Two days later and after talking to my sister, he wants to keep the tenant. My sister believes everything the tenant says even though it's easily proven wrong. So, to answer quincy, I believe my sister is incompetent, not my dad. Moving forward to the deck replacement. Our guy that does the repairs on 80% of our rentals gave me a quote that would save my dad approximately $2000. My dad was all for it even to save just a little. Two days later, he does a 180 and decides to go with the more expensive quote my sister acquired.

Getting back to my original concern, and why I am asking. I know the rules with our properties and our insurance. I don't know CA laws and rules to that extent. We only have one rental in CA and the lease is very similar to the TN and MS leases. Therefore, my concern to protect my dad from any lawsuits or legal actions. So of course, I'm going to bring up an above ground pool. We had one tenant in TN put up a pool, the insurance found out and cancelled us till the PM had them take it down. The canceling led to more issues but that's another post, but it is related to pets. If a tenant in CA acquires a handful of farm animals, what is the best thing to do? (again, to protect my dad). I don't know what the lease says about this even if there is a lease. My sister seems to rely on the "trust" policy. I'm sure the county allows these animals since one neighbor had a couple horses and another, a few chickens.

Good answer. Number (1), we don't have. Number. (2) I've brought up with no success.

I feel, I just need to warn my dad of the dangers, with hard facts, then I won't worry about him after that. I did what I could.
Thank you for all the comments and info.

Personally, I think that you are overworrying the situation. I don't find the farm animal particularly disturbing since other people in the area also have farm animals. That tends to tell me that the area is zoned to allow that. None of the animals that you have described tend to increase liability either.

The above ground pool is a potential problem, due to drowning risks, however there are ways to mitigate that. When I had my pool I got a separate umbrella liability policy that cost very little, but gave me 1 million of liability coverage. You could look into something like that for your father's area to see if that is a viable alternative.

 

[Joz]

Present your dad with California’s landlord/tenant laws - https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf - and find the applicable ordinances for the county where the rental is located - https://library.municode.com/ca - and let your father do the reading and deciding.

What your father may need to do (probably will need to do) is get a permit from the county, one that allows the tenant to have farm animals on the property. If the property is only one acre in size, the tenant may need to reduce the number of animals being housed there.

You can leave insurance brochures for both your dad and the tenant but you cannot force either to acquire your preferred insurance.

There is little you can do about your sister unless you believe there is elder abuse. The fact that your father trusts your sister to handle matters for him is, again, your “competent” father’s decision to make, as frustrating as that may be for you to accept.

Just the info I needed. I've taken a quick look through the websites and found some relevant info. I will print out the important stuff and present it to him. I do see that these types of farm animals are considered domestic but don't see anything on limits to the number of them.
I don't believe my sister is committing elder abuse, even though it did cross my mind. (I worked in financial crimes and was trained in elder abuse). But, there is a motive in that my sister and brother-in-law have plans for the property after my dad is gone. So, I believe they are pushing to make decisions to save "them" money in the future and have things done to their tastes.

The above ground pool is a potential problem, due to drowning risks, however there are ways to mitigate that. When I had my pool I got a separate umbrella liability policy that cost very little, but gave me 1 million of liability coverage. You could look into something like that for your father's area to see if that is a viable alternative.

Yes, my main concern. I know first hand, when our insurance was cancelled, the insurance co. neglected to add the liability back when they re-instated our insurance. And then: A tenant snuck a dog in, dog bit someone and now a lawsuit with no liability. Insurance admitted to the mistake, but we've spent, to date. $5k in legal fees. Long story. This is why I'm so concerned about my dad being protected. I will print out all the important docs and hope for the best.
Thanks so much for the info. Really appreciate the time all of you spent to respond.

 

[quincy]

Just the info I needed. I've taken a quick look through the websites and found some relevant info. I will print out the important stuff and present it to him. I do see that these types of farm animals are considered domestic but don't see anything on limits to the number of them.
I don't believe my sister is committing elder abuse, even though it did cross my mind. (I worked in financial crimes and was trained in elder abuse). But, there is a motive in that my sister and brother-in-law have plans for the property after my dad is gone. So, I believe they are pushing to make decisions to save "them" money in the future and have things done to their tastes.


Yes, my main concern. I know first hand, when our insurance was cancelled, the insurance co. neglected to add the liability back when they re-instated our insurance. And then: A tenant snuck a dog in, dog bit someone and now a lawsuit with no liability. Insurance admitted to the mistake, but we've spent, to date. $5k in legal fees. Long story. This is why I'm so concerned about my dad being protected. I will print out all the important docs and hope for the best.
Thanks so much for the info. Really appreciate the time all of you spent to respond.

We appreciate the thanks, Joz, so thank you. Good luck.