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Be Careful

By
Real Estate Agent with Preferred Properties Key West

 

 

Imagine the revulsion the owner experienced when she learned her home in Martha's Vineyard was used to film more than 30 “gay porn” films over a 7-month period. She did not take it well. In fact she made a federal case over it.

 

The lady owner of the cottage rented her home for seven months beginning in October 2014 to one person.  The lease was “for use as a personal residence, excluding all other uses.” The lease also provided that the residence was to be “used and occupied only by the members of the Tenant’s family.” The tenant later lost his job and notified the owner he would be unable to complete the lease.He sublet the property to a gay pornographic film maker which filmed sexually explicit films. 

The lawsuit alleged ten counts including breach of contract, trespass, negligence, civil conspiracy, civil fraud, infliction of emotional distress, interference with advantageous business relations, copyright infringement, and civil RICO violations inn 2018. The suit later added ab allegation of  defamation. She sued everybody including the lessee, the sub-lessee, the production company, the director, and 25 gay porn stars. The lady owner had personally created several paintings that appeared on the walls of the cottage where pornographic films were made. The owner after the fact of the lease allegedly correctly registered the copyright on several of her pieces of art. That copyright is the sole surviving claim of the original complaint. It was set for jury trial in the UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS beginning August 5th.

Lawyers did what lawyers do - they litigated and ran up the billable hours and fees on both sides. Boy did they. All of the claims except the copyright infringement were dismissed. But the copyright case was set for a jury trial beginning August 5th. The federal case was dismissed on July 23, 2021 after the parties reached a settlement agreement, the terms of which were not disclosed. I am betting she got paid. A lot!

I read portions of the complaint and several other online treatments of this matter. The language in the lease was clear as to who was entitled to use the property. It was unclear to me whether she used a Realtor, lawyer, or a legal form to create the lease. I don't care that the film crew filmed gay videos. I do care that any kind of activity like that took place there without the owner's prior knowledge and consent. Imagine how you would fee. Imagine how the jury would feel!

A lot of property owners rent their homes in Key West to perfect strangers.  Be careful.

 

 

 

 

Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Gary. Yep, the people who benefited were the attorneys. The rest of the widgets were participants. Enjoy your day!

Jul 26, 2021 04:49 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Gary - landlord-tenant disputes often reveal far more dirty laundry than what may be seen in any legal brief.  Or any brief should that topic be expanded.   

Jul 26, 2021 05:02 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Wow, what a story. I suspect she was probably most upset that art she personally made showed up in movies she disagreed with. And that people were using the home for activity that was not allowed in the lease. I hope all her "settlement" money didn't go to the attorneys. 

Jul 26, 2021 05:44 AM
Bill Salvatore - East Valley
Arizona Elite Properties - Chandler, AZ
Realtor - 602-999-0952 / em: golfArizona@cox.net

So important to have aPM on top of things like this.   Monday has arrived, make it a productive day.  Thanks again for the post.  Bill Salvatore

Jul 26, 2021 05:45 AM
Tracy Lee Parker
RE/MAX DFW Associates - Royse City, TX
Buy*Sell*Rent

Hi Gary, as a property manager, we don't know really what people are doing in the rent homes. I am curious how she found out? 

Jul 26, 2021 06:35 AM
Gary Thomas

Tracy,  Some friend told her. You can find anything online. I found it. I saw her art. I say her house.  I felt her outerage.


 

Jul 26, 2021 09:10 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Gary, that would be very upsettting to learn this information about a home you just purchased.

Jul 26, 2021 08:04 AM
Gary Thomas
Preferred Properties Key West - Key West, FL
Realtor to the Dreamers

Joan,  My house was brokern into years ago. I walked in while the guy was still there - in the kitchen. I was shaken to the core. You are violated forever. This is your home. Some creepy pervert films a movie in your home. OMG!

Jul 26, 2021 09:13 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Hi Gary- I'm glad that you wrote about this because so many people are leasing out their homes now. And yes, I wouldn't care that gay videos were being filmed there IF I knew and gave my approval.  

Jul 26, 2021 07:19 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Jul 31, 2021 06:00 PM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good morning Gary - that is another reason why you need to have a professional do this for you.  No loop holes!

Aug 01, 2021 07:27 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

There's no shortage of cautionary tales in real estate; they become addendums to our contracts.

Aug 01, 2021 07:56 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

That's quite a story, Gary. Bet a ton of money was involved...in the settlement and on the billable side.

Aug 01, 2021 10:48 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

There have been other similar cases where a home was used to film pornographic movies and later sold. I always wonder how the new owners find out. Is it a situation where some one wants to get compensated or does it truly bother them? Maybe there needs to be restrictions on filmmakers that they must disclose any questionable movie activity prior to using a property. And, disclosures on the seller's side requiring them to disclose any questionable moving activity. Honestly, I wouldn't want to be known as the homeowner with the porno house.

Aug 01, 2021 10:51 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Wow that is some story. It never crossed my mind that something like this could happen but holy smokes it sure does now.  Thank you for writing about it Gary Thomas and to Kathy Streib for featuring it in her weekly post.

Aug 01, 2021 11:24 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

That is quite the story and a law suit would have had to cover getting new furniture

Aug 02, 2021 05:04 AM
Gary Thomas
Preferred Properties Key West - Key West, FL
Realtor to the Dreamers

Hi Ed,  I cannot imagine sleeping in a bed where a porn movie was filmed. But they don't stop at beds. They do it in the kitchen, the bathroom, by the pool. How to you ever go back to normal? I am not a prude. I watch porn. Sorry. I just think what happened to that lady is awful.

Aug 02, 2021 02:53 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

There's always that risk. Please be careful everyone. Love and light

Aug 02, 2021 11:18 PM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

What a story, thank you for writing about this Gary Thomas. Landlords must take every precaution and still not know what is going to happen behind closed doors. 

Aug 03, 2021 06:55 AM