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No security lights a defense for eviction?
by Kristina (CA)
on June 8, 2012 @15:33
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Hi. I wrote earlier about the tenant who all of the sudden is silent and acting very unreasonable. I served her a 3 day yesterday and I am wondering what is going on with her.
Even though she rent the house less than a year ago, and the area is safe, and the prior occupent of over 10 years had zero issues...she told me she had to have a security light outside. She told me this about four months before the end of her lease.
I don't mind putting in a light but these tenants have shocked me so much..everytime I see them they claim "harrassment". I don't want to have to deal with them at all so, if there is a need for a security light, I'd rather wait until they are out...they stress me out so much.
At the beginning of May, I offered to let her out of her lease (which she screamed about earlier) and I heard nothing.
So, my question is, even though when she rented the house (and it is a beautiful home) there was no extra security light in some corner of the home, can she use the security light issue as a defense in being evicted??? I am in CA.
I am just trying to guess what she is going to come up with, if anything. Why would anyone allow themselves to be evicted when it causes so many problems?
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Re: No security lights a defense for eviction?
by Jake
on June 8, 2012 @15:46
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People who have a legitimate problem do not go into a lunatic tirade like your tenant. Just ride out the lease and have as little communication with this tenant as possible. If you have to evict, go ahead and do it without concern.
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Re: No security lights a defense for eviction?
by Betty L
on June 8, 2012 @16:28
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"She told me this about four months before the end of her lease."
Why have you ignored her request for four months?? That's not the right thing to do. You should have responded by taking a look and see if this was something that could be reasonablely done. Ignoreing a potenial safety issue is not good business.
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Re: No security lights a defense for eviction?
by Micah
on June 8, 2012 @16:36
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Just because a tenant wants something doesn't mean that you have to give it to them... Unless a security light is required by code or you actually want to install one, then don't do it!
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Re: No security lights a defense for eviction?
by Daniel (CA)
on June 8, 2012 @18:13
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First, you should not be a landlord in California without having this book: The California Landlord's Law Book from www.nolo.com.
In this book, they explain that it is far better to process a non renewal than an eviction that is based on some breach of tenancy. Primarily, since you do not need a reason to evict/non renew.
But if this tenant is not paying rent , then this alone is reasonable to go forward with an eviction based on nonpayment of rent.
My opinion as a LL is that NO, this is not a defense for being evicted, but of course it would be prudent to consult an attorney. Is there anything in writing that the tenant raised as an issue regarding the security light ? a city complaint, housing violation complaint? If the answer is no, then you should file an eviction before they do , otherwise they might get harassment protection if they do file a complaint. Which I don’t think this complaint would find any validity.
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Re: No security lights a defense for eviction?
by Nicole (PA)
on June 8, 2012 @22:16
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I cannot imagine being afraid to go to my own property ... for any reason. No offense but how can yo be a landlord if the tenants stress you out so much you can't even go to your own place.
By the way, I wouldn't put a security light for anyone just because they wanted it. If there were some type documented problems that more light would solve, I'd do it.
That said, I like light and when I bought my properties one of the first things I did to every one of them was install dusk to dawn and/or motion lights everywhere.
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