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Fairness? Absolutely. But landlord/tenant laws have gone too far.....

By
Real Estate Broker/Owner with Metro Life Homes BRE #01708344 / RS-78439

Fairness? Absolutely.  But landlord/tenant laws have gone too far.....

Anyone who knows me, knows that I am at the front of the line when it comes to fairness, and consumer protection laws.

Do we need laws in place to protect tenants from overly oppressive landlords and/or "slumlords", for a lack of a better term?  Yes!

But the evolution of landlord/tenant laws have gone TOO far.  To the point where it makes some investors think "do I really want to do this?".   In many cases, it seems you are at the mercy of the tenant.  Especially for those tenants that want to abuse the system.

Example - I have an investor client that has purchased many rental properties over the years as a means for retirement.  Well, she's getting to the point where she is headed for retirement now and began selling her properties.  She is a very KIND person, as well as very tolerant and fair.  Basically, a good landlord.

There is one property in which she was extremely tolerant and allowed the tenants to have animals on the property that almost no other landlord would allow.  This really stems from the fact that my client is an advocate for animals in general.  These tenants have been living in the property for almost 6 years.

Well, she gave the tenants WAY advanced notice about her intent to sell the property.  About 2-3 times the amount of time that is required by law.

But ever since she gave them the well-advanced notice, these tenants have been underhanded, calculating, and abusive.  They have made up stories, false narratives and stall tactics to the moon in an attempt to stop my client from selling the property.  Initially, my client was actually going to attempt to sell the property and see if there was an investor buyer that would want to buy the property with existing tenants.  But with all the stress and drama that these tenants have created for her, there is no way any buyer out there would want to purchase a property with this kind of nightmare tenant.  After months and months of the tenants playing games with her, she finally got to the point where she had to hire an eviction attorney to start the process.

And this, by far, is one of MANY instances where I've had investor clients run into similar combative issues with tenants - many of which have cited "I know the laws" to the landlord in a very passive aggressive way of hinting that they are going to work the system to make life difficult for the owner.

Once more, MANY times, the tenants have even attempted to extort the owner financially by flat out telling them how much money they want to leave the property!  Why aren't there any laws about that kind of extortion on the books?

Am I advocating eliminating landlord tenant laws?  Absolutely not.  Because there are some landlords out there, that if left unchecked, will be abusive to tenants and not focus on the quiet enjoyment of property for their tenants.

Laws do vary from state to state, so it's probably not the same for some as it is for others in different areas of the country.

But in my opinion, landlord-tenant laws have gone WAY too far to the point where tenants are now the oppressive abusers.

What has been your experience?

 

Ralph Gorgoglione - Broker / Realtor

Metro Life Homes  / BRE #02009317
(310) 497-9407 / (800) 591-6121 

Web:  metrolifehomes.net 

Comments(14)

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Dennis Neal
Exp Realty of Southern California, Inc. - Big Bear Lake, CA
Your Home Sold in 21 Days or We Sell It For Free

Ralph, you’ve highlighted an important issue that many landlords face today. It's crucial to find a balance that protects both tenants and property owners. Your perspective sheds light on the complexities that can arise, and it’s great to see you advocate for fairness in such a nuanced situation.

Dec 06, 2024 05:09 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

You are singling to the choir Ralph Gorgoglione ,

I just went through a similar situation. My seller the land lord gave his tenants plenty of notice he was not going to renew their lease because he was going to sell. They stalled and stalled with one excuse after another. He finally had to file an eviction notice which was a nightmare. They absolutely destroyed the house and he had to spend so much on it after they they finally left! I agree laws have gone too far in favor of the tenant!

Dec 06, 2024 06:56 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Ralph California, specifically Santa Monica and Los Angeles have never been Landlord Friendly, totally against potential and future land lords... so I am glad to see now people like you are willing to write about it... it has been like this for the past 25 years just no one was willing to speak up, Endre

Dec 06, 2024 10:45 PM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

You said it very well Ralph, the reality of being a housing provider.

I have first hand experience in dealing with clients. I had total of 92 doors for about 15 years during which time I filed 68 evictions mostly for non payment of rent and prevailed on 67 with no opposition and always used an attorney. The only one that waned a trial never showed up to the trial.

Dec 07, 2024 04:32 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Ralph - at times and perhaps too often, it isn't easy to be a tenant or a landlord.   Unfortunately, finger pointing often takes over and no one "wins".  

Dec 07, 2024 04:40 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Tenants should not be able to stay in a home that's not theirs, especially when given more notice than is even required. And people should not be able to move into a house when someone is on vacation and not there, and then the actual homeowners have trouble removing those people. Both of those are ridiculous events that have been occurring.

By the way, that means I agree.

Dec 07, 2024 05:39 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

You'll get no argument from me on this issue, Ralph. Basic protections are important... but some places have gone beyond protection.

Dec 07, 2024 06:37 AM
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

We must be fair to the homeowner. What was done to landlords during Covid was criminal on the part of our governments.

Dec 07, 2024 07:26 AM
Roy Kelley
Retired - Gaithersburg, MD

Thanks for sharing your observations and advice.

Much has changed since I sold my property management business.

Dec 07, 2024 08:53 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Hi Ralph,
You're right. The laws have gone too far in favor of the tenant and do not properly protect the property owners from unscrupulous people. There are tenants out there who go place to place, working the system. That's why it is so important to do a tenant background check and get references. The risk of evicting a tenant is the destruction of the property.

Dec 07, 2024 09:21 AM
Lew Corcoran
Better Living Real Estate, LLC - East Bridgewater, MA
Expert guidance. Exceptional results.

Thank you for sharing your insightful perspective on the complexities of landlord-tenant laws, Ralph Gorgoglione! Your experiences highlight a crucial issue that often gets overlooked, and I appreciate you bringing attention to this important discussion.

Dec 07, 2024 12:28 PM
Adam Feinberg
Elegran - Manhattan, NY
NYC Condo, Co-op, and Townhouse Advisor

Entirely agree- and NYC is both the most capitalist place in the nation and socialist at the same time. While I am all in favor of protecting tenants from greedy, incompetent, and abusive landlords- the system has gone way, way overboard. The latest landlord tenant protection was passed by the city council with a veto proof majority- so the Mayor hasn't signed the bill into law, and probably won't- allowing the clock to expire- and it will automatically become law. This new law won't go into effect for 6 months assuming REBNY (NYC's home grown version of our NAR) lawsuits don't stop the law or delay it. The law will force landlords to pay for the broker commission. They think this will lower rental costs for tenants- but of course landlords will bake this into the rent- and rent renewals will be renewed at the higher price point. Further the council is also going to be voting soon on whether to make air conditioning available to all tenants as mandatory. And if you want to evict a tenant- good luck with that- it can take years to go through the courts. It's gotten so bad- one of the large NYC landlords has sued the housing courts- because it used to take 3-4 months to evict a tenant- and now it takes at least a year- causing the landlord to lose their right to due process speedily.   

Even our foreclosure laws have gone overboard. I was president of my condo association- and one of our owners defaulted on common charges (by the end it cost the condo association more than $400k- and we got less than $200k back when we eventually closed the sale. It took years to resolve- and the owner was only able to fight it claiming the attorney's fees were too high- which delayed things for years and cost us a lot more in attorney's fees. 

Dec 07, 2024 09:35 PM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

There are way too many laws/rules in the world these days, it's difficult to stay compliant with anything, haha.  I am hoping this new administration will help out with that.

Dec 08, 2024 03:32 AM
Ralph Gorgoglione

You mean the new administration with a convicted felon as its leader? Many laws are necessary to keep people safe.  I highly doubt an administration that would commission Hulk Hogan to its leadership would have a clue on how to do that effectively.  Don't get political on my posts, or you'll get a political response.  Do it again, and you'll get deleted.

Dec 08, 2024 07:58 AM
Jim Smith
The Property Management Company - Round Rock, TX
Broker,CRS,GRI,RMP,CNE,TRLP

Tenant-Landlord Laws are state specific, and should remain so.  Many states are Landlord-friendly (i.e. - Texas, Florida), and many are Tenant-friendly (California, Washington, Oregon, New York).  Regardless of the state, vacate issues often occur for failure to follow and enforce the Lease provisions.  It is unfortunate that some states have allowed the judges to take liberties with their state laws and 'rewrite' the methods of removing a non-compliant Tenant.  The National Association of Realtors has really dropped the ball when it comes to the Tenant/Landlord laws across our country.  It has been the due diligence of the Apartment Association, and the National Association of Residential Property Managers that have stepped up and provided the information and resoursces to fight much of the bad legislation in quite a few states.

We can complain; or, we can get involved in our local and state advocacy groups to address these issues, especially in the states which seem to allow tenants months of free occupancy, at the expense of the Owner.  Step up and get involved!

Dec 13, 2024 05:48 AM
Ralph Gorgoglione

While I'm not a fan of the laws of Texas and Florida (book bans, open carry "guns for all" madness, voter suppression laws, etc.), I do feel the landlord tenant laws in some states could stand a review.  Especially with feedback from owners and their stories.

Dec 13, 2024 09:07 AM