Legal Question in Landlord & Tenant Law in California

Re: Landlord/Tenant sexual harassment

You do not mention whether you have a written rental agreement. If you do, you might see if there is a clause for tenants who create a nuisance. This kind of behavior could be considered a private nuisance. If you do not have a nuisance clause in your agreement, write your tenant a letter that states you consider his behavior a private nuisance and ask him to cease and desist immediately. If he continues his behavior, call the rent control board and ask how you can get rid of him legally under your jurisdiction. Keep a log of every time he makes this remark, what was said, the date and time. You do not have to put up with this harassment. If all else fails, you can get a protective order, if you feel threatened, from your police station or local court. He will then have to stay away from you or be put in jail. Hopefully, he will take your written notice seriously. Make sure your husband signs the letter as well. Good luck.

Re: Landlord/Tenant sexual harassment

Ms. Lewellen is correct but you may be able to do otherthings. Not only speak to the Rent Board administrative head but also get a copy of the entire just cause eviction rules as you can not trust anyone from the rent board as they are biased towards tenants. Also contact any local landlords and tenants groups to see if they can give any helpful advice.

I suspect that what he is doing is not an accepted basis for eviction. Carry a small tape recorder with you to tape his remarks; unlike talking on the telephone, you do not have to tell some one you are physically speaking with that you are taping them [if you did, police could not have others carry a "wire" to record criminal conversations]. Anticipate that he will try to turn the tables on you and say that you came on to him; do not have your husbasnd go land give him a talking to as he will claim your husband threatened to beat you up.

When he makes such remarks to you tell him that is offensive and how would he like it if some man said that to his mother, sister, wife, etc. Once you have some recordings of him, write him some letters demanding he stop. Call the police and get them to take a report from you so you can show in court you tried what you could; the police will do nothing about your complaints as they have too many physically threatening crime to handle.

You will have to be somewhat patient. Finally offer to let him leave without any penalty for breaking the lease. Then sue him for sexual harrassment; Small Claims Court allows a recovery up to $7,500, although many of the people who hear the cases do not award much for emotional stress claims. But it would be too complicated and costly to sue in Superior Court.

Good luck. And write your local governing board that these is what their enacted rent control law does to innocent women who own rental units.

Re: Landlord/Tenant sexual harassment

If you are serious about this, you may contact my office to assist. Usually compliance with all laws is a term of the lease. Sexual harassment can be in the context of any relationship from which the victim cannot easily remove themselves, not just employer/employee etc, so you should be fine there.

Best,

Daniel Bakondi, Esq.

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