It’s illegal for a landlord to harass a tenant to try to force them out of their unit or in retaliation for doing something like deducting the cost of repairs to their home. It’s also illegal for a tenant to harass you, just like every one of us should be able to live without the fear of encountering someone who’s threatening or harassing us.
You could be harassed for any number of reasons. The person may feel you’ve inflicted some injustice on them, or they may have psychological or substance abuse problems. Anger may also be a symptom of dementia or a side effect of medication. Violence and threats of it may be how they respond to conflict. They may try to use harassment, threats, and stalking as a means to extort favors from you, like lowering the rent.
If a tenant harasses you, take appropriate steps to address the situation.
Document the Harassment
If you want to use it as a basis for a police report or a civil action, you’ll need evidence to back up your claims. This could be surveillance video, photos, witnesses’ statements, or a journal where you keep track of dates, times, and descriptions of incidents. Harassment could be in texts, emails, or social media posts, which you should save. You can record in-person and phone conversations only with the tenant’s consent.
Lease Agreement
There should be a clause forbidding a tenant from harassing you, and if it happens, it can be grounds for an eviction. If your lease doesn’t include this language, it should be amended so it does.
Your Response
If the tenant is wound up and yelling, it’s best not to respond in kind. The more upset they become, the more restrained you should be. Try to de-escalate the situation and end the confrontation. If it becomes heated enough and you fear for your safety, call the police.
Legal Options
You could consider a combination of actions involving criminal, civil, and landlord-tenant law. You can pursue one, all, or some at the same time.
You could get law enforcement involved, tell them your story, and give them the evidence you collected. Under state law, a tenant is guilty of stalking you if they:
- Maliciously, willfully, and repeatedly follow you
- Maliciously and intentionally harass you
- Make a credible threat that makes you reasonably fear for the safety of you and or your immediate family
If your tenant is convicted, they may be imprisoned for up to a year, pay a fine not more than a thousand dollars, or both. Most criminal charges are resolved through plea bargain agreements. Potentially, the charges are dropped or reduced, and, in exchange, the tenant agrees to leave your property, pay for any damages, end any contact with you, and maintain a given distance from you.
If you go this route, depending on the circumstances, if they’re arrested, they may be released on a bond or with a promise to appear at a future hearing. The police may not believe your case is strong enough and not arrest your tenant, or you may not want the police involved. No matter the situation, you could seek a civil harassment restraining order against the tenant.
A court can grant it against a tenant who’s stalked, harassed, or threatened you emotionally or physically. It can include directives that the tenant has no contact with you, to stop harassing or threatening you, and to prohibit them from owning firearms or ammunition. If it’s in place and the person still lives on your property, you’ll have to make arrangements so the person can still be a tenant while complying with the order.
If the tenant violates the order, they can be arrested and, depending on the circumstances, be charged with a misdemeanor or felony. Penalties range from incarceration of one to three years and a $1,000 to $10,000 fine.
Or, you could ask a judge to evict them, given their criminal behavior towards you. Since the outcome may take some time, if you have the civil restraining order in place, you’ll need to have a “go-between” to work and communicate with the tenant so you won’t have to.
We’re Here to Help
If a tenant harasses you, take it seriously. Your safety may be at risk. AWB Law can help. We can discuss what happened, your concerns, and what you should do next. Call AWB Law, PC at (949) 244-4207 or complete our online contact form today.
