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Can My (Troll) Landlord Give A 24-Hour Notice That Lasts All Week?

Can My (Troll) Landlord Give A 24-Hour Notice That Lasts All Week?

by | Nov 20, 2013 | Habitability

Can My (Troll) Landlord Give A 24-Hour Notice That Lasts All Week?

Peter Coleman-Weight sings Caligula.

Can a landlord state a whole week 9:00am – 5:00pm to enter under California Civil Code Section 1954, 24-hour notice, and the first four days she doesn’t show or call. She also screams, swears, and prays while walking around, she also threatening to break all the windows and to burn down the house if we ever refuse to let her in.

She isn’t the owner, she gave the house to her daughter to avoid lawsuits. But she walks around screaming that the house belongs to her no matter who’s name is on it.

Can your landlord serve a 24-hour notice that lasts for a week? How does that work unless there’s an ongoing construction project? Civil Code §1954(d)(1) states in part, “[T]he landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry.” Twenty-four hours is presumed to be reasonable. The law does not presume multiple entries as you describe.

You don’t mention the landlord’s rationale for her entries but they are also circumscribed by the law:

A landlord may enter the dwelling unit only in the following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.

Given her actions, I somehow doubt that your landlord has any cognizable reason to enter your house other than to harass you. Join the San Francisco Tenants Union to discuss your situation with a counselor there. They can help you to write the landlord a letter to assert your rights.

Lovely. You have encountered another version of a troll landlord–the troll who won’t go home.

I’ve run into landlords like this more often than one might imagine. They’re completely insane and often maintain a “workshop” in a multi-unit building.  They think they’re somehow repairing or cleaning their property, but, of course, they’re doing neither. They visit the property solely to torture their tenants. Landlord trolls with a Caligula complex are particularly dangerous because many of them are richer than god and if you cross them, they’ll do anything they can and spend any amount of money to get you out.

I’m dealing with an eviction case right now that has a troll who won’t go home. She’s a wealthy woman who owns several big buildings. She comes to the building in which my clients lives almost every day to “sweep” and lurk in my client’s garage.

I had another case in which the landlord, worth about $10 million and who had a home in the East Bay, had a habit of driving to San Francisco and hanging around the building in which my clients lived. One day he had the temerity to walk up three flights of stairs to illegally enter my clients’ apartment to take a dump. They were home at the time.

In each of these cases, the landlords tried to evict my clients based upon trumped up allegations designed to cost my clients thousands of dollars and to force them to vacate.

You may ask yourself: Don’t these landlords have something better to do? Can’t they simply enjoy their wealth? But those are rational inquiries. You and I cannot begin to understand the irrational, compulsive actions of a sociopath, a king, a dictator or a landlord.

You can video the landlord’s tirades. You can call the cops when she insists upon entering without a good reason. You can try to get a restraining order. You can sue her (and her daughter) for harassment.

But you live in a house. Unless you have been a tenant there since 1995,  you should understand that your landlord, if she comes to her senses, can simply increase your rent to get you to move.

Unless you have a rent-controlled tenancy, my advice is simple: Start looking for new housing now, before your landlord burns down the house or before she conjures a reason to sue you because you defied her.

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My Landlord Went Through My Closet

My Landlord Went Through My Closet

by | Dec 22, 2011 | Tenant Law

My Landlord Went Through My Closet

I live in a three-unit building in the Inner Sunset.  I’m not sure of the exact year, but I do know that it was constructed before 1979.  It is not a condo…I guess it’s a house but it’s divided into three flats.  I am 24 years old, and I’ve lived in the three-bedroom apartment for about 15 months.  Our rent is $2650 a month.

Our landlord is an eccentric guy, and we’ve always just dealt with it.  We only communicate when repairs are necessary, and since there have been times when he tries to get us to pay for them (and I’m really foggy on whose responsibility that is, but that’s a separate question), I usually fix things myself.  We had a problem with our toilet that I couldn’t deal with, so he and his handyman came over today.  He did give notice, but did not coordinate with us about when we could be here and he wound up coming at a time when no one was home.

Tonight I came home to a functional toilet, BUT the entire contents of our hall closet were on the floor, with a note on top of the heap saying “Do NOT cram things into this linen closet.  If the door can not move freely, the closet WILL break”.  The hall closet is not close to or even visible from the bathroom door, and you do not pass it between entering the apartment and arriving at the bathroom.

I’m uncomfortable for a lot of reasons.  It appears that he conducted some kind of inspection when he was only supposed to come over for repairs, and then when just a note would have sufficed he decided to actually throw our things on the floor.  I know it’s minor, but exactly what laws has he violated here?  Harassment?  Interference with our possessions?  Inspection without notice?  All of these above?  Also, what do I do?  I like living here and want to keep relations OK with him, but I also want him to know that he can’t pull these crazy moves on us.

More urgent is the crap-on-the-floor question, but if you could shed some light on who is responsible for paying for routine repairs (nothing inflicted by us), that would be so great.

My first reaction: Tell Martha Stewart that it isn’t any of his goddamned business what or how much you put in your linen closet and that if you ever see any evidence that he entered your unit without notice, you’ll report him to the police as a suspected panty sniffer.

My second reaction:  If you read my columns, you’ve probably noticed that there are several major themes in landlord tenant relationships. This one is the, “It’s my property and I can do anything I want. From now on call me Massa and be grateful that you pay me $31,800.00 per year for the privilege.”

My dispassionate, objective, legal analytic reaction:  Tell Martha Stewart that it isn’t any of his goddamned business what or how much you put in your linen closet…well, almost.

“Eccentric” may have been okay for Caligula or Crazy King Ludwig but it has no business in a supposedly democratic society that has, at least in the last hundred years or so, regulated and defined landlords’ duties toward their tenants. But then again, “They don’t call ’em landlords for nothing.”

I hope you took a photograph of the pile of your belongings on floor with the note. I hope you kept the note. Unfortunately, you may need this evidence later because anyone with the audacity to pull a stunt like this will likely do something similar again in some other context.

You say the landlord gave notice to enter. Did he give you a 24-hour written notice? You should also understand that fixing the toilet could come within the rubric of an emergency and your landlord may not have been required to notify you in writing. Read “Even Dracula Had to Have an Invite Before He Could Enter” to brush up on notice requirements.

As a regular reader, you understand that all of your communication should be in writing to the landlord, especially when the landlord is a nut case. Your letter to him should essentially express the fact that his actions have made you uncomfortable; that any entries in the future should be coordinated with you ahead of time; and that the law requires a 24-hour written notice.

In your landlord’s twisted version of reality you never had okay relations with him. You are simply an irritant, an itch that has to be scratched from time to time–the side effect of an addiction to free cash.  You should also understand that any push-back on a landlord like this will piss him off and he’ll start looking for a new supplier.

What are your legal remedies at this point? One could argue that the landlord may be guilty of all of the items you list above–harassment,  interference with your possessions, and  inspection without notice. But even assuming you could make a case, what are your damages? Remember, in this society, justice is only measured in dollars.

I think you should take a look around your apartment and determine if there are any substantial violations of the warranty of habitability.  Coordinate this with other tenants in the building who likely have similar stories. Make a long list if you can and present it to the landlord. If he refuses to act, call a Housing Inspector to issue a Notice of Violation.

If the Housing Inspector notes substantial violations, you can then petition for a substantial decrease in services at the Rent Board.

Finally, you are not responsible to pay for routine repairs. If you have paid for them in the past gather your bills and add those to your Rent Board petition.

As you also know, it’s always a good idea to bring your documentation to the San Francisco Tenants Union to confirm or to develop your strategy to “educate” the landlord.

Man, this piece of work, sure as hell, needs some education.

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Can My Landlord Search My Apartment For Pot?

Can My Landlord Search My Apartment For Pot?

by | Jul 7, 2010 | Tenant Law

Can My Landlord Search My Apartment For Pot?

So, I just got this letter in the mail from the real estate company who owns the apartment building I’ve live in (about 15 units), and it just seems weird to me:

INSPECTION OF PREMISES – for Unsanitary Living Conditions, Hoarding, Alterations, Pets, and growing, cultivation, sale or use in any form of marijuana.

The owners and management company will notify and issue a 24-hour notice to inspect the units and building for Unsanitary Living Conditions, Hoarding, Alterations, Pets, and growing, cultivation, sale or use in any form of marijuana to protect and secure ALL tenants in the building.

IMPORTANT NOTE
Refusal to allow access is just cause ground for eviction Please do not lock the bedrooms, our owners; contractor and insurance representative would like to see the condition of each room.

Your advance cooperation is greatly appreciated by the Owners and [redacted].

Do no hesitate to contact this office if you have any questions or comments.

(All whacky punctuation is theirs.)

So, first, the obvious: Marijuana growing or any kind of use?? Are they going to check all the ashtrays and garbage cans for roaches and seeds? How much are they allowed to search? And ARE they allowed to search for something like a half smoked joint somewhere on the premises? I realize pot is illegal, and that counts as illegal activity, but do I really have to toss my stash? (Just kidding. Of COURSE I don’t have a stash!)

Second, does 24-hour notice have to come in the form of a phone call? Or can they mail a letter that I might not get until the day of or after the inspection and have that count as 24-hour notice? And do I really not have the right to insist on a different day if I prefer?

Lastly, who decides what counts as “hoarding” anyway? Could they evict a tenant for having too many magazines stacked next to the bed because they deem that as hoarding? I mean seriously, WTF? And even if they were to claim something like that as hoarding, can they evict you then and there, or does a tenant have a legal right to rectify the situation and keep their apartment?

From what I understand of the code about landlord entry and from your earlier column, they can only come in the case on an emergency, to make repairs etc. that we’ve agreed upon, or to show the unit to potential buyers or tenants. I guess the real question is, are they allowed come in for the reasons they are listing?

If they aren’t, then they can’t really evict me for refusing, right? And, if they aren’t allowed to come in for this “inspection,” and were to do it anyway, essentially illegally, then how could they use anything they find as a legal means of eviction?

But seriously. Looking for POT? And hoarding? WTF?!

WTF?! I have always said that successful real estate brokers and sales people are proof that the United States is not a meritocracy. Imagine my disdain for those involved in property management–real estate “industry” groupies who will do anything to rub up against the big money. I’m guessing that the recent real estate conference, “It May Not Be As Easy To Steal, But Sure As Shoot You Can Still Lie!” had a seminar called, “Evict ‘Em Now Before It Becomes Legal.”

This notice comes straight from the CitiApartments playbook.You probably heard the story about how their goon squad illegally entered an apartment, videoed a bong and then threatened the tenant with eviction for illegal drug use. An entry based on this notice or a subsequent notice with a date and time would be just as illegal from my reading of California Civil Code §1954. Reread “Sorry, CitiApartments, Routine Inspections Are Illegal.” Remember any such notice must be in writing, no phone calls.

We live in a cynical era where politicians and demagogues advance their own petty agendas by justifying them in the name of security. We all know that the Fourth Amendment, indeed the entire Constitution, has taken a beating for the last 30 years. It’s not surprising that I have seen an uptick in landlord demands for passports and greencards of visitors and relatives or inspections like this. My take on this (and I may be too idealistic) is that one still has to get a warrant to search for marijuana in this manner. The key exception is emergency or “exigent circumstances” when the court will allow a warrantless search. But this applies to the police.

Landlords still can’t deputize themselves, declare an emergency and demand entry. I hope I’m not being naïve. Because we don’t live in Arizona, I find it hard to believe that the police would act on an emergency call from the management company based on any of the allegations above. That’s not to say the landlord won’t make something else up, however, they would not be able to conduct the inspection in the manner they wish if the cops are searching for roaches and seeds. If you find yourself in the unfortunate position of asking a cop to see the warrant, show him the notices and suggest (as delicately as possible) that he has been duped by the landlord, wasting valuable public resources.

Real hoarding and cluttering, not a stack of magazines next to the bed, is often the symptom of a disability–depression, elderly dementia, obsessive/compulsive disorder. In my experience at the Homeless Advocacy Project where I more or less specialized in the issue, you know hoarding and cluttering when you see it or smell it. There is a real nuisance or fire hazard.

I’ve seen three-bedroom apartments stacked to the ceilings with newspapers, magazines, clothes and trash. I had a client who, literally, picked up every cigarette butt and every shiny object or piece of metal he found on the street and took it home to supply and construct his spaceship.

Often landlords learn of the problem because other tenants report cockroach and mice infestations or unrepaired leaks from above. If a person is threatened with eviction for creating a nuisance by hoarding, they can often request a reasonable accommodation for their disability to get the time and resources to clean up the mess. If you know anyone in your building who may be hoarding and vulnerable to eviction, refer them to the San Francisco Mental Health Association or the Homeless Advocacy Project.

Your final question is the most difficult one because it presents the universal tenant conundrum. How can you enforce your rights if the landlord tries to evict you illegally based on this idiotic notice? Lawyers are expensive. While many tenant lawyers, ourselves included, will take an occasional case to make a point, it doesn’t happen that often. That’s why many advocacy groups may suggest that you allow entry so you won’t jeopardize your tenancy.

It’s a shitty deal. It’s the reason to contact your legislators, the courts and anyone else involved in the program to find out how you can voice your issues to help implement the new law in California guaranteeing low income tenants the right to representation at an unlawful detainer. Call Tenants Together and ask how you can get involved.

In the meantime, put down that joint, hide your stash, toss the magazines and inform the management Nazis, in writing, that you feel secure enough in your building and that their pre-notice is illegal pursuant to Civil Code §1954.

If you receive another notice, try to take it to the San Francisco Tenants Union or a tenant lawyer to develop a strategy for your next response.

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My Building Manager Says I’m Denying Access To My Apt., But I’m Not!

My Building Manager Says I’m Denying Access To My Apt., But I’m Not!

by | Jun 16, 2010 | Tenant Law

My Building Manager Says I’m Denying Access To My Apt., But I’m Not!

One of the owners of my building, I’ll call him DJ, was also the former manager until Jan 2010 when management was turned over to a professional managing firm, I’ll call Slumco. I have been having problems getting the managing firm Slumco to remedy an outstanding notice of violation issued by SF DBI over eight weeks ago.

Last week, out of the blue, the former manager DJ emailed me and said he wanted to send in a work crew within a day. I had not received any notice of change in management, so I asked him whether he was acting as the manager and if he was still a partial owner.

He did not answer those questions and then accused me of denying access, which I did not. I have been more than accommodating and never denied access. I’ve allowed many people in to evaluate and estimate repairs but nobody has actually done any work.

I emailed the president of Slumco and asked him if DJ was now the acting manger and he replied “DJ is our Attorney”. I had no idea he was a lawyer, let alone the acting lawyer for Slumco. He never disclosed this fact and used his same old email address as when he was the former building manager.

In communication, is he required to inform me which capacity he is acting in? Doesn’t he have to disclose that he is a lawyer? Does he have a conflict of interest?

The first thing I do when a tenant tells me that a landlord is represented by a lawyer who I don’t know either personally or by reputation is look him up. It doesn’t happen often, but every once in awhile I’ll run across someone who thinks that he can intimidate tenants by claiming to be a lawyer. It’s easy to set them straight. On two occasions, I caught unlicensed attorneys filing unlawful detainers. Now that’s a real kick!

Check the State Bar attorney search engine to see if DJ has his JD. Actually, California is one of few states left that does not require one to graduate from a law school to be licensed to practice law. You don’t need a JD (Juris Doctor) if you do a rigorous course of study under a practicing attorney or judge. It’s very possible DJ is a lawyer. Check out how long he’s been in practice and if he has any disciplinary actions filed against him.

I did a quick search in The Rules of Professional Responsibility and a few cases. I can’t see any requirement that DJ has to tell you he is a lawyer. There is very little possible conflict of interest. He has always been in an adversarial position with you. That is, unless he is getting confidential information by seeking to represent you, he has always been a potential enemy. And you know it. Next time you communicate with him (in writing), ask him who he is representing.

I don’t think any of that really matters. The real questions are: How many fricking inspections and estimates does it take to abate the violations? And where is your formal 24-hour written notice to enter? Check out “Sorry, CitiApartments, ‘Routine Inspections’ Are Illegal” for a refresher.

Certainly, the landlord has the right to enter to exhibit to workers for repair estimates and to make the repairs. However, DJ should be aware that he could be violating your covenant of quiet enjoyment. Here’s a legal concept: He could also be in violation of California Civil Code 1940.2(4) which makes it illegal to commit significant and intentional violations of Section 1954 for the purpose of influencing a tenant to vacate. The statute provides for penalties of up to $2,000.00 for each violation.

You also might want to provide a bit more continuing legal education for DJ and inform him that you’re not paying your rent next month if the repairs are not completed. California Civil Code 1942.4 provides that landlord cannot demand or collect rent if a dwelling has substantial habitability defects that are not your fault, reported by a government official and outstanding for more than 35 days. Check with the San Francisco Tenants Union or a tenant attorney before you withhold the rent.

The threat of a legally sanctioned rent strike is something that all landlords understand, lawyers or not.

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Is My Building’s High Water Bill My Problem?

Is My Building’s High Water Bill My Problem?

by | May 27, 2010 | Tenant Law

Is My Building’s High Water Bill My Problem?

I’m a loyal reader and always figured the day I had trouble with my landlord you were gonna be one of the first people I contact. Last Friday night (11:00 p.m.) my girlfriend got a call from the landlord saying our water bill was out of control, and she was going to stop by to see what was going on, and to have my lady call her in the morning.

7:30 a.m. Saturday morning the doorbell rings, next thing you know she’s knockin’ on our door (we’re in an in-law). She proceeds to leave a memo (with copies of both March/May bills) stating we’re responsible for the increase and have to pay the difference with our upstairs neighbors. She says she doesn’t want to raise our rent, but might have to if we don’t conserve. The bill is crazy, $932, usually it’s about $125 (according to her) it says we used over 90,000 gallons of water in the last billing period. There’s NO WAY we used that much water, and if there’s a leak in the house, I haven’t noticed a thing. Oh, and to add to that, in our lease it states we only pay 25% of PG&E, that’s it.

So I did a little research about my rights (along with the ladies who live above us) and everything I’m finding says she can’t do that. We contacted the Water Dept. and have set up a walk through, but the whole thing just doesn’t seem right. There’s no way she can make us pay for a problem we had nothing to do with right? I mean it sucks it’s a huge bill, but it’s not in the lease and it’s not my problem anyway.

I also believe she violated the lease by entering the house with less than 24 hours notice and that her threat to raise the rent was pretty empty. I believe we qualify for the .1% rent increase. Any information on where I should go from here would be greatly appreciated.

Also, if I happen to be wrong about anything could you let me know where I could find more info to help me out in this situation.

To begin with, an 8 hour phone notice just doesn’t cut it. It’s not only rude, it’s illegal. It’s not a violation of the lease, but a violation of the law–California Civil Code 1954 which requires 24-hour written notice. I wrote about this in “Tenant Troubles: Sorry, CitiApartments, ‘Routine Inspections’ Are Illegal,” February 3, 2010. Of course, the exception to the statute is entry in case of emergency. In this landlord’s self-centered, penurious, pea-brain the water bill may have constituted one. Try calling her at 11:00 p.m. some night and cheerfully announce, “We’re coming over for breakfast. We’re hungry!” See how that plays.

Sure the water bill is a problem…the landlord’s problem, unless she can prove that you or the tenants upstairs did something to cause the spike in usage. We had a case in which the landlord accused our clients of running all the faucets after they vacated, creating an enormous bill for 200,000 gallons of water. The landlords could not provide any evidence. They were guessing and they lost. The same is probably true here.

You did the right thing in calling the Water Department (Public Utilities commission) It will be interesting to see what the PUC technician has to say. Leaks can be caused by cracks in the pipes anywhere on the property or any number of other things. Leaky toilets are often the culprits. If you notice a leaking or running toilet you should report it to the landlord. But it’s still the landlord’s responsibility to fix it.

Unless the landlord can prove the tenants caused the leak, she’s SOL. She can’t raise the rent in any scenario. Assuming you live in a rent-controlled apartment, excess water usage is not a justification to raise the rent beyond the .1% allowable increase for 2010. From what you’re telling me, your lease seems to indicate that the landlord is obligated to pay the water bill anyway.

This is a subject for another column, but from the facts as you state them, I think you’re living in an illegal in-law unit. You should go to the San Francisco Tenants Union to check that out. Don’t call any housing inspectors until you do.

Why don’t you send me your landlord’s phone number? I’m hungry!

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Sorry, CitiApartments, “Routine Inspections” Are Illegal

Sorry, CitiApartments, “Routine Inspections” Are Illegal

by | Feb 3, 2010 | Tenant Law

Sorry, CitiApartments, “Routine Inspections” Are Illegal

I’ve rented the same apartment from Citi Properties for 6 years. Up until about 6 months ago, they kept the building tidy, had an on-site manager, and did monthly bug inspections. Now they’re trying to sell the building and they have gotten rid of all that stuff. The only thing they do now is “inspect” each unit once a month. Here’s what they post on my door once a month:

Citi Properties, LLC 2099 Market Street S.F., CA 94114 January 22nd, 2010

24 Hour Notice of Entry

(Civil Code Section 1954)

To: all occupants

There will be a building inspection of all units and the common area’s on Tuesday, January 26th, 2010 at 11:00AM. If you have any questions, please contact Jorge Castillo at 415-308-0908.

Thank you for your cooperation.

First, they only did this every year or two, now they’re doing it once a month. Second, what are they inspecting for? And more importantly: do they really have a right to come into my home once a month? It’s always during the day of a weekday, so I can’t be home to see what’s going on. But one time my toilet seat was left up. It didn’t bother me, but it did peak my interest. Whenever I call the number listed I get vague answers and a promise to call back, which doesn’t happen. Any insight would be gladly appreciated.

Good question. What are they inspecting for? First, I hope you understand who you’re dealing with. A Citi by any other name just stinks. These guys ought to know better by now. They probably do but, as we all know, they just don’t give a rat’s ass about the law. The reason they are inspecting your unit is simple–they’re looking for a reason to evict you because, in their eyes, you’ve lived there too long and your rent is too low. They’re looking for your bong!

California Civil Code 1954 states that a landlord can only enter your unit:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make a tenant requested move-out inspection.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.

Except in the case of an emergency or abandonment, the landlord must give you a 24-hour written notice that includes the date, approximate time, and purpose of the entry. As you can see, the example notice you provided is defective because it does not in include the purpose of the entry. Routine inspections violate California law.

You should read, The Unnecessary Conflict in Landlord Entries, by J. Wallace Oman, a respected tenant attorney here in San Francisco. In the article he points out that landlords have no inherent right to inspection:

“Under old common-law doctrines, when the parties enter into a rental agreement, the landlord grants a right of “exclusive possession” to the tenant against everyone, including the property owner. The landlord additionally promises the tenant “quiet enjoyment”; the term guarantees that the landlord will not permit or do anything that interferes with the tenant’s peace and quiet in the rental unit.”

He also proposes effective methods to deal with entries during the sale of a building.

For a lighter (more outraged?) take on the subject, check out my blog entry from last year, Even Dracula Had to Have an Invite Before He Could Enter.

You and all of the tenants in the building should write a letter to the management citing the law and letting them know that you’re not going to put up with monthly entries any longer. You should also remind them that California Civil Code 1940.2(a)(4)states that it is unlawful for a landlord to commit a significant and intentional violation of section1954 for the purpose of influencing a tenant to vacate a dwelling. And that it provides for civil penalties of up to $2,000.00 per violation.

You and all of the tenants should also contact CitiStop the tenacious tenants’ organizers who helped bring down the Lembi empire.

While you’re at it, point out to the geniuses at Citi…whatever that you don’t need an apostrophe to pluralize a word.

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Happy New Year, For Tenants Nothing’s Changed!

Happy New Year, For Tenants Nothing’s Changed!

by | Jan 11, 2010 | Tenant Law

Happy New Year, For Tenants Nothing’s Changed!

Ask yourself, how many landlords made New Year’s resolutions that included, “This year I’m going to be more compassionate to my tenants.” Or more practically,  “This year, I’m going to treat my tenants like I would have them treat me—like human beings.”  Unfortunately, 2009 proved for many big-city tenants that the golden rule was promiscuously traded for gold. Why would 2010 be any different?

In my blog post, Tenants, Thugs and CDOs, I summarized several articles outlining the effect of the predatory equity meltdown on tenants. In San Francisco and New York, the abuse and harassment of tenants by Tishman Speyer and CitiApartments are well known. In both cases the companies over-financed huge residential rental portfolios relying on business plans that included increasing rents by ousting rent-controlled tenants. For them and their ilk tenants are nothing more than cattle to be bought, sold and slaughtered.

A week after I posted the article, The New York Times outlined tenant struggles following  the bankruptcy of another megalandlord–British company, Dawnay Day. Just last week there were reports about rats and bedbugs in the Dawnay Day properties; East Palo Alto’s Page Mill Properties’ buildings were beginning to be auctioned after their $50 million default last year; and both Tishman Speyer and BlackRock  missed a scheduled repayment to senior lenders on a bond used to finance debt from the joint purchase of Stuyvesant Town and Peter Cooper Village apartments.

It’s only going to get worse for commercial property owners. Remember that residential apartment building are also considered to be commercial properties. In 24/7 Wall Street’s, Commercial Real Estate Begins To Mirror Residential Market, Douglas A. McIntyre muses, “Most analysts believe that the commercial real estate loan market is about to reach the place that the residential part of the market was a year ago. ‘Losses from commercial real estate will be quite high by historic standards,’ the former Comptroller of the Currency, Eugene Ludwig, told Bloomberg. Some experts think it will be even worse than that. Many community and regional banks could be ruined by defaults on the commercial mortgages that they hold.”  I also think it’s important to heed the words of Paul Krugman in his column, Disaster and Denial:  “[C]onservatives simply ignore the catastrophe in commercial real estate: in their universe the only bad loans were those made to poor people and members of minority groups, because bad loans to developers of shopping malls and office towers don’t fit the narrative.”

What does this mean for tenants living in buildings owed by predatory mega-landlords? Probably more of the same.

Meanwhile, on the home front, last week Dean Preston of Tenants Together wrote that Judicial Bias Out of Control in SF Superior Court, “I’ve thought long and hard about why San Francisco judges are so hostile to tenants. I’ve concluded that most simply do not believe in tenants’ rights, particularly rent control and its eviction protections, and view their job in housing cases as protecting a landlord’s ‘right’ to do what he or she wants with his/her property.” Does that ring a bell?

I did my stint at the San Francisco Tenants Union this week, and guess what? Yes, allegations of over $3,000.00 of security deposits stolen by landlords. And video-taped illegal entries, showing once again that landlords think they can do whatever they want…

So this year tenants can settle into the New Year with the lucid understanding that we really get what our ancestors were feeling and thinking a thousand years ago. Let’s party like it’s 1010!

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