Question:

Malicious tenant accuses us of being racist, help?

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Location: Los Angeles Country

We have a tenant who seems keen on finding every way to make a case to sue us. He insists we are being racist and asks if we need to be of his race, for us to respect him. It's ridiculous and very upsetting. He's extremely confrontational on the phone, making him difficult to talk to and resolve any issues. We are not racist, and have never made any racist comments or suggestions.

I want to write a letter stating that they need to Stop making baseless racist accusations or else we'll have to force an eviction. I feel that we need to tell them to basically CEASE AND DESIST these serious accusations, or it will almost imply that we are accepting their accusation. We're trying to set up a good defense, we're afraid that these problem tenants will do everything in their power to take us to court.

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6 ANSWERS


  1. It sounds like they are pulling a tried and trued method. In other words,they do what has worked before. How do you know they haven't pulled this c**p before? 10-1 they have.

    I would call their bluff. Let them go ahead and call you a racist. They are using the racism card to put you on the defense. First of all you need to know your rights as a landlord and treat them as you would any other tenant. I wouldn't write them letters defending myself being a racist as I feel that if you have grounds to evict them then the law is on your side. It doesn't matter what race they are. The burden of proof is on them since they are making the accusation. There's just some people in this world that aren't going to be resonable to get along with and it sounds like these tennants are it. If you let them have the upper hand, you've given them your power. Don't let them bully you with racism. The sooner you get them out of your life the better off you'll be and the better you'll feel.

    If they're friends of yours, friends don't do friends this way.


  2. My friend, really and truly what kind of advise do you honestly think you are going to get on this site. This problem is too legally complex for an answer here. The answers you will get will all be well meaning and folks trying to be helpful, but this is a case for a lawyer to handle for you. These things have a way of getting out of control and then things start to be said ,by both parties, that are better left unsaid. I know it is always a bummer when you have to go to the expense of defending yourself against malicious folks, but thats the life that we have all made for ourselves. Folks see Perry Mason on TV and think that it all works out that way for them, have to tell you as a lawyer, it rarely does. Get expert advise soon as you can before things get beyond your control.

  3. What you have done so far is very good. Start keeping track of conversations you have with them over the phone, asking permission to record them on tape if they do decide to take this to court. Perhaps write them letters instead of phone conversations, be very specific and make sure that nothing else can be derived from the content. Save copies of the letters, etc. Good luck.

  4. They probably are.

    You need to make sure on an eviction you have grounds to do so. Calling somone a name is not a good reason for eviction no matter how serious or offended you are.

    You could always sue them for calling you that though. File a libel suit.

    Sounds like they are just setting up you and you harrassing them, so when they don't pay rent or do something wrong they can toss that out there.

  5. I would consult an attorney and see if you have some (or can find some) grounds for an eviction.  As a homeowner..I wouldn't want anyone in my  home or in my rental property accusing me of being a racist and slandering my name everywhere.  Plus..if you were so much of a racist..why are they still living there (LOL)...I would say MOVE OUT...LOL.  No one should have to remain in that situation. What an uncomfortable position.  I would get an attorney and find out what you can do. When does the lease expire..maybe you can give them notice that you won't extend a renewal.  

  6. Chloe is right on the mark. Send them a letter stating that all correspondence will now be in writing. That should get the situation under control. If it does not, have a lawyer send them a letter saying it.

    edit: "Property is under Rent Control which gives, in addition to controlled rent, a plethora of other benefits to tenants." This also puts your motivation in question. A lawyer may be able to sort it out. But if your complaint is sudden and the tenant has been there a long time, don't expect it to go your way... unless your primary concern is making your lawyer rich.

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