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Troll in the Basement

Troll in the Basement

Troll in the Basement

You found a fairly nice apartment in a small building or house with an in-law unit. You moved in. When you applied for the place you spoke to the owner who lives in the in-law unit downstairs. He seemed nice enough, maybe a little nosey, but you understood. He lived in the building and wanted to make sure you were going to be a good tenant. It is unlikely that he told you the reason he lived in the in-law was that he couldn’t afford to live anywhere else. That his quest for the American dream to own his own property stretched him so thin he had to move into the garage. Your landlord’s dream could become your worst nightmare. Beware. You may have a troll in the basement.

A landlord who lives in his own in-law unit is usually so penurious that you can hear him squeak when he tiptoes up to your door to eavesdrop—the ultimate Cheese Ball. What does that mean to you? Well let’s put it this way: When the roof leaks, it doesn’t matter because it isn’t leaking on him yet.

I had a client who lived in building with a troll. She came to me complaining about lack of heat in her apartment. She produced an email from the landlord apologizing that he just couldn’t afford to fix the heater and that PG&E was the next to go. When she asked him about the portion she paid, he told her that she should really be paying it all because he didn’t use that much power anyway. These are the guys who have a standard answer for any tenant complaint, “If you don’t like it you can leave.”

Trolls love to visit you whether you’re at home or not. Many illegal entries are perpetrated by troll landlords. Why not? They have a key and you have a life. The anally expressive guy two posts back was a troll in the basement.

Another troll permutation is the alcoholic brother-in-law—the landlord’s down and out friend or relative. The landlord lets the troll live there because he, allegedly, feels sorry for him. Sometimes he tells the troll he can manage the place. Not the brightest strategy when there are paying customers upstairs, unless they’ve been paying too long. The only thing this type of troll can manage is his hangover. Yet, he’s the King of the Crawlspace and he won’t let you forget it. If he comes around to collect the rent, please don’t pay him in cash.

All bets are off after you start to register your concerns with a troll. He takes it personally. Then things start to happen. Suddenly you have too many roommates. He has to come inside the unit day after day to “inspect” things. You didn’t have permission to paint the place. You don’t get to park in the garage anymore. You have to tear out the wonderful garden you planted in formerly barren back yard. Weird chanting and screaming jars you awake at night. And then the surly threats, occasionally followed by violence.

What can you do about a troll in the basement? I had a client who was paying very high rent in Cow Hollow. The tenant/friend of the landlord lived in the illegal unit downstairs. After he made her life a living hell, she called the Department of Building Inspection. They made the landlord remove the illegal unit. The tenant had to go. Her life is very peaceful now. Her story is rare.

• If you live in a rent controlled jurisdiction you can file a petition at the rent board for decreases in services.

• You can sue for harassment and breach of the warranty of habitability, etc.

• You can try to get a restraining order, but that can be difficult because the troll lives in the same building.

• You can, and should, call the cops, if you have to.

Troll landlords are crazy. Sometimes I wonder how crazy because it’s a perfect ploy to get rid of rent-controlled tenants. Remember you’re still just the tenant and the troll owns the joint. Often, nothing short of incarceration will get him to stop.

I’m going to take off my lawyer hat here. Yes, he has to learn that he can’t get away with this. Yes, you have rights. How long can you live with the daily harassment? Insanity is contagious. But the rent is really cheap. You can’t afford to move. Say what? The troll can’t afford to move either. You are never going to own the place. Don’t act like you’re locked into a karmic reincarnation battle that began 100,000 years ago when your high-priestess mother sacrificed you to the God of Cheese. Get out! Run! Run now!

Besides, you will get one more legal shot at the troll in the basement. They never return security deposits.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

Even Dracula Had to Have an Invite Before He Could Enter

Even Dracula Had to Have an Invite Before He Could Enter

Even Dracula Had to Have an Invite Before He Could Enter

In vampire lore it is said that a vampire had to have an invitation before it could enter one’s dwelling. What about landlords? How many times have you heard your landlord say, “This is my property and I can come in whenever I want?” Jeez, if you’re going to suck my blood, at least be charming about it.

In California, the landlord does not have to have an invitation, but he does have to give a 24-hour written notice to enter. The notice has to specify the date, the time (normal business hours only) and reason he wants to enter. The legal reasons are narrow in scope. I recommend that you read The Unnecessary Conflict in Landlord Entries, by J. Wallace Oman. Mr. Oman is a respected tenant lawyer in San Francisco. The article discusses the common law and statutes relevant to landlord entry. It also proposes methods to deal with landlord and agent entry, especially when the property is for sale. Read it with this blog.

I am constantly amazed at how many tenants tell me that the landlord showed up at the door, without notice, to demand entry for one or another cockamamie reason. The rationale can range from checking to see that the unit is clean; to demanding to talk to roommates; or to inspecting, for the umpteenth time, something you asked them to fix three years ago. But usually it is an unspecified demand for inspection.

The most egregious examples of illegal inspections come from the tenants who lived in buildings owned or managed by Citiapartments in San Francisco. There are stories of the owner’s agent pounding on the door late at night, dressed up like Rambo in battle fatigues and carrying a gun. Many of the illegal inspections by Citiapartments were videotaped. In one case the video revealed that the tenant owned a bong. The landlords threatened her with eviction for illegal drug use. What? A bong? In San Francisco?

I am also shocked at how many tenants report that, while they were home, they heard the key turn in the lock and the landlord or his agent walked into the unit. I have dealt with two different cases where a landlord and a real estate agent, respectively, broke in to use the bathroom. One left pee on the toilet seat! In another case the landlord showed up because her daughter was in town and the landlord wanted to show her my client’s unit. In a more sinister incident the landlord tried to unlock the door and couldn’t get in. Then he attempted to coax the tenant’s young children out of unit when they wouldn’t respond to his knock.

It’s astonishing to me that tenants allow illegal entry to their homes. I know that tenants are anxious about escalating tensions with the landlord, but that doesn’t mean that the tenant always has to mollify the landlord. Believe me, if the landlord starts illegally entering your unit, chances are he’s looking for a way to get you out anyway. He’s not bringing you cookies.

Because your relationship with your landlord is unique, you should develop your own strategy to deal with illegal entries or too many entries. Learn your rights. I believe that it is always best to try to get a dialogue going with the landlord before you begin to react aggressively. Here are a few thoughts if you do have to react.

Don’t allow the landlord to photograph your unit unless there is a very, very good reason to do so.

If your landlord comes to your door and wants in, inform him politely that you need a 24-hour written notice with justification to enter. If he insists upon entering, tell him YOU WILL CALL THE POLICE. If he still insists CALL THE POLICE.

If you find your landlord in your unit without notice or permission, tell him if he doesn’t leave immediately YOU WILL CALL THE POLICE. If he doesn’t leave immediately CALL THE POLICE.

Don’t call 911 unless you truly believe you will be harmed. Usually the landlord will leave.

A couple of years ago, I spoke to a tenant who, upon returning home, found his landlord in the unit. The landlord’s purported excuse for being there was that he had come inside to do the tenant a favor by expressing his new puppy’s anal glands.

You really can’t make this stuff up.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060