Double standards when it comes to damages and harassment?
Tenants can trash a rental unit and harass landlords with impunity, but whenever there are missteps by the landlord, there is hell to pay.
Rental housing providers probably do not need to be told that laws favor tenants over landlords. With an abundance of protections for renters, there are comparatively few safeguards for housing providers.
When something breaks in the rental unit or there's some sort of defect, some sort of grievance by the tenant, the landlord is held to account. The tenant can make a cogent argument that they have withheld rent because the unit is uninhabitable or sue their landlord. Under "anti-harassment" ordinances sprouting up around the Bay Area, landlords can even face criminal prosecution.
But what about landlord protections? We are unaware of any anti-harassment ordinances that prohibit tenants from aggravating housing providers or willfully damaging property. This imbalance struck a nerve on our social media feed.
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Vandalism and destruction of property are criminalized under Penal Code PEN § 594, A person is guilty of vandalism when they:
- Deface the property with graffiti or other inscribed material.
- Damages.
- Destroys.
Pretty simple, right? This is what housing providers routinely encounter, but police and prosecutors turn a blind eye to these criminal acts.
At Bornstein Law, we want you to know that there is recourse available whenever a tenant wreaks damage to the rental unit, whether intentional or not. Our office is committed to protecting your real estate investments and removing bad actors who defile it.