Tenant's father threatens reporting to code enforcement

[terracotta]

Jurisdiction

California

Facts:

1) University going student living for 2 years. Renewed lease and now his lease is coming to an end in 2 months.

2) He broke the vanity countertop in bathroom and admitted to doing so and asked how much he needed to pay. He has paid for it. In the same email he follows with a laundry list of items he thinks are code violations.

3) Now his father comes into the picture and has written to me an email saying the breakage of a countertop is normal wear and tear and that his son should not be charged anything(note: the tenant, his son is not saying anything) and that I should reimburse in full the cost of replacement.

He is threatening me and trying to intimidate by stating some code issues.

What should be my stand in this situation?

Best regards.

 

[army judge]

No one can tell you how to react.

You must choose.

Frankly, if the student were my tenant, I'd ignore letters from his daddy.

His daddy can't sue you.

The contract you had was with daddy's sonny boy, an adult student.

I'd do what lawyers advise alleged criminals to do, pretend to be a clam and shut up.

However, if you're renting units not in compliance with building codes, it might be smart to return the kid his money.

Why?

Your little scam might get exposed.

 

[terracotta]

No one can tell you how to react.

You must choose.

Frankly, if the student were my tenant, I'd ignore letters from his daddy.

His daddy can't sue you.

The contract you had was with daddy's sonny boy, an adult student.

I'd do what lawyers advise alleged criminals to do, pretend to be a clam and shut up.

However, if you're renting units not in compliance with building codes, it might be smart to return the kid his money.

Why?

Your little scam might get exposed.

 

[terracotta]

His daddy can't sue you.

He is a guarantor on the lease. Is he still not eligible to sue? My building is code compliant, although it is an old victorian and there can be a 1001 items that a code enforcement officer can find in buildings from the late 1800's. It is nevertheless a headache if someone reports a code case.
Can I sue based on the fact that they threaten to report a code case to harass me so I return the money they owed to me?

 

[army judge]

His daddy can't sue you.

He is a guarantor on the lease. Is he still not eligible to sue? My building is code compliant, although it is an old victorian and there can be a 1001 items that a code enforcement officer can find in buildings from the late 1800's. It is nevertheless a headache if someone reports a code case.
Can I sue based on the fact that they threaten to report a code case to harass me so I return the money they owed to me?

As a lawyer, licensed to practice law for decades, I encourage potential clients to avoid any court room.

That said, if you own property, it's always advisable to make your property 150% code compliant.

Whether his daddy sues you, or is the brains behind a lawsuit for junior, it won't end well for you if you're renting properties that aren't in total compliance with codes.

If you aren't confident that your properties could withstand the scrutiny of inspection, for your sake silence the whiner by giving him the 30 pieces of silver he demands.

Afterwards, make sure you bring all of your properties up to code.

If you won't or can't do that, sell the properties, even if you take losses.

Why?

Because you're going to lose if you're a slum lord, or a LL who is reluctant to comply with the law.

Don't fill your bed with bedbugs and complain when the darn things start to bleed you dry.

 

[adjusterjack]

He is a guarantor on the lease. Is he still not eligible to sue?

No, not unless his name is at the top of the lease as a tenant. As a guarantor, he has only obligations, no rights.

My building is code compliant, although it is an old victorian and there can be a 1001 items that a code enforcement officer can find in buildings from the late 1800's. It is nevertheless a headache if someone reports a code case.

That's the risk you accept when you become a landlord. If you don't like the risk, sell the property and get out of the landlord business.

Meantime, I agree that you are free to ignore Daddy and deal only with Sonny.

Can I sue based on the fact that they threaten to report a code case to harass me so I return the money they owed to me?

Anybody can sue anybody for anything, you'll just be wasting your time and your money because you won't win.

However, if you want to make some trouble for Daddy with no effort or cost to you, feel free to report his attempted extortion to the police under California Penal Code 518-527:

CA Codes (pen:518-527)

Beyond that, if you don't want the hassle of these people any more you are free to decline to renew the lease. Just make sure you give at least the required 60 day written notice per 1946.1 at:

CA Codes (civ:1940-1954.1)