Problems with a tenant can go beyond property damage, noise, and unpaid rent. A tenant could commit violence against a landlord, and many of them may rightfully fear an out-of-control tenant. A relationship that may have started well could potentially end tragically. What can a landlord do to protect themselves?
Anthony Burton represents residential landlords in Orange County and the Los Angeles area. He provides legal counsel so problems can be prevented and negotiates and litigates legal conflicts so they can be resolved in the best possible way. He understands how personal the tenant-landlord relationship can be and the harm a tenant can do. If you need help with a tenant who’s making your life miserable, call him at (949) 244-4207.
Tenant Terrorizes East Hollywood Landlord
Alexandra Stone is an East Hollywood landlord. She spoke to KTLA in February about ongoing problems with her tenant, Robert Sargsyan. Stone says they started when he moved into a unit next to her own last summer.
Stone states he broke windows, showed up outside her window, and yelled multiple times. In the middle of the night, he banged in her door with a butcher’s knife. Stone says it happened more times than she can count and he’d been arrested but quickly released five times. A restraining order against Sargsyan was issued, but quickly violated when he struck her window with a knife and yelled at her.
A February attack finally lead to Sargsyan’s arrest and his being held in jail on $100,000 bond. He crawled into attic space shared by his and Stone’s unit. Sargsyan pounded through her ceiling with a hammer. Stone says part of it fell on her head, a knife fell from the attic, and he threw a hammer at her. The estimated repair cost is about $20,000. The police were called and Sargsyan was arrested again.
Stone moved out of the unit and lives with her mother. She says the legal system failed her and for months felt like Sargsyan would kill her. He’s now facing several felony charges, including first-degree residential burglary and assault with a deadly weapon.
What’s perhaps just as disturbing as Sargsyan’s actions is the fact Stone did everything right. She called the police, got a restraining order, and tried to evict him. He wasn’t put in jail until he was arrested and held there because he couldn’t afford to post bond.
Screen Your Clients to Try to Prevent a Robert Sargsyan From Being a Tenant
If you are seriously considering renting to a tenant, do a thorough background check. I don’t know if Stone did this before Sargsyan moved in, but you not only have to think about whether this person is willing and able to pay rent, but whether he or she may be a potential threat.
If you can afford it, hire a professional service that does these investigations. If you can’t:
- Ask the candidate where they’ve lived and worked. Get explanations for any gaps. Time in prison may be one explanation
- Do criminal background searches in states where the person lived
- Ask if they’ve been arrested or involved in any violence. If so, they may lie to you, but at least you can judge their reaction and hear their response
- Find out if they’ve been involved in civil lawsuits. If so, why?
- Get references from prior landlords
- Look at their job history and call people there to confirm the information. Though you may not be told, ask why they no longer work there. It’s possible workplace violence was the cause
- Do an internet search of the person. You may find news of arrests or violence online
- If the person lied to you, don’t rent to them
What You Can Do If You’re Threatened By a Tenant
You should have video security cameras around your home. Like Stone, if anything happens, you’ll have evidence. Phone calls can’t be legally recorded unless both parties consent, so if you receive threatening phone calls, take notes and call the police. Save any threatening emails or text messages.
Take action to evict the tenant. We can represent you in the process and make sure the judge knows the situation you’re facing. Evidence of threatening behavior or language can help your case. It would be about more than just a tenant behind in rent or damaging property. It’s a tenant who’s a threat to your safety.
Call the police if you believe a crime’s been committed. As in Stone’s case, what they can do may be limited. A restraining order may keep the tenant away from you. We can get in touch with the police and prosecutor’s office to make sure they know how serious this situation is. The criminal justice system has a lot of problems and it’s failed many people, but it can also work.
We’re Here to Help
No matter the reason, if you want to evict a tenant, contact our office. This is a very technical area of law with multiple steps. We will make sure it’s done right so the tenant is removed from the property as quickly as possible.
If you or your business owns or manages residential rental property and you have questions about how to handle the problems you face, call us at (949) 244-4207 or fill out our online contact form today. We can talk about your situation, how California law may apply, and what you should do next.
