Getting Rid of Tenant Who’s in Your House

QUESTION: For a number of years, I have been renting out several bedrooms in my home. Until now, this has been a successful venture with everyone doing their share of maintenance and respecting the others’ needs for privacy and quiet. I recently rented to a man who appeared quiet and reserved. However, once he moved in, it was clear that I made a mistake. He is a big guy and very threatening. He doesn’t help with house cleaning and is messy. In the first month I tried to talk with him, but he brushed me off and told me to mind my own business.

I was afraid of losing my other tenants, so I gave him a 30-day notice of termination of tenancy. It is now past the 30 days and he doesn’t show any sign of moving. I am angry and frightened--he scares my other tenants too. What can I do?

ANSWER: You can start by explaining to him that if he doesn’t move you will start the eviction process by serving him with an unlawful detainer. If this occurs in a tight rental market, it will be very hard for him to re-rent elsewhere. Additionally, he will have a judgment on his credit record. If you feel uneasy in talking with the tenant, you might put your message in writing and hand it to him. If you feel physically threatened by this tenant, you may want to talk with the police and share your concerns with them. If your problem tenant knows that you are in contact with the police, he may modify his behavior.

To file an unlawful detainer, you can do the paperwork yourself or consider using an eviction service. If you choose to do it yourself, you should be very careful because, if you make a mistake in preparing or serving the papers, you may have to start the legal process all over again.

“The Landlord’s Law Book, Vol. 2: Evictions” (Nolo Press) describes the entire process and provides step-by-step instructions. Eviction services may cost several hundred dollars, but they can save you much work and aggravation. Eviction services are listed in the yellow pages of your phone book and you should call several to compare prices and to see what is included in the price.

Another option is to involve your local mediation program, which can try to work with you and your tenant to find a mutually acceptable solution. To locate your mediation program, call city hall.

Starting now, you should change your approach to selecting tenants. With one exception, you have been fortunate in the past to come up with “good” tenants, but as you now know, you may not always be lucky. Renting rooms is a business and it should be run like a business. The selection and verification of rental application information are crucial. You should use written application forms. Also, there may be a service that matches tenants with owners who wish to rent rooms. Check with your local tenant/landlord program to see if such a service exists in your area.

Managers Can’t Forbid Kids Playing Outside Q: I live in an apartment complex where a large number of children reside. In general, the management does not have any problems with renting to families with children or placing families with children in upstairs units, as do some complexes.

However, the management is very restrictive about children playing outside. My 8-year-old is not allowed to play catch, skate or even stand around outside our unit. I admit there is not much grass or an official play area, but is it right for the management to forbid children from playing outside their unit?

A: No, the management cannot forbid children from playing outside their unit, but they can impose reasonable rules of conduct for all residents, regardless of age.

Residents can be restricted from highly landscaped areas and if the common areas are nothing but narrow walkways and flower beds, then there could be reasonable restrictions on activities such as riding bicycles or playing ball in the flower beds. However, such restrictions must apply to all residents, regardless of age.

In an apartment complex where there are many children, one might expect an area where these children could play, although that is not legally required. The key is that rules for a complex must apply to adults and children equally; all tenants regardless of age should be allowed to enjoy whatever amenities are available.

At this point, you might approach the management and ask that they change their policy regarding the use of the common areas or contact your local mediation or fair housing program.

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In the past year, the Rent Watch column received several questions that we could not unequivocally answer because the conditions that described were all subject to interpretation under the California Civil Code. Among those questions:

* “When I moved out after five years, the landlord charged me for the entire cost of painting the apartment. Can he do that?”

* “Can I charge my tenants for drape cleaning?”

* “What constitutes ‘bad faith’ retention of a security deposit? I need to know my chances of obtaining the $600 damages allowed by the Civil Code for bad faith.”

The answers to these and similar questions are covered by California Civil Code Section 1950.5, which is open to interpretation. Could or should the code be more specific? Is it time to modify this code, which impacts all California tenants and landlords?

Once again, we invite our readers to share their concerns and ideas with Rent Watch. In return, we will share your answers in this column and will determine if there is sufficient need to bring these issues to the attention of legislators.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council in your area:

Westside Los Angeles, (310) 477-9260. San Fernando Valley, (818) 373-1185. Pasadena, (818) 791-0211. El Monte, (818) 579-6868.

Orange County, (714) 569-0828.

San Bernardino County, (909) 884-8056.

San Diego County, (619) 699-5888.

Ventura County, call the Fair Housing Institute, (805) 385-7288.