Legal Eaze #50 Disturbing Tenant/Weird Laws

Title: July 19, 2006

Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?

A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?

Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.

In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.

In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.

Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880

Legal Eaze #8 Landlord Privacy Intrusion/ Violent Son

Originally Printed: October 20, 2004

Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.

Q. I rent a guest house located in the back of my landlord’s residence. My landlord comes into my rent guest house whenever he feels like it to fix this or that. He makes up excuses to come in unannounced. He never gives me notice and I am very bothered by this intrusion on my privacy. Once, he came in while I was in the shower and lo and behold, when I came out of the shower naked, there he was in my little kitchenette, fixing my stove, which I did not know was “broken”. What can I do to stop this?
A. Civil Code Section 1954 regulates the time and circumstances under which a landlord may enter a residential rental unit. If an emergency exists, your landlord may enter without notice. Otherwise, he must give you a Notice to Enter your premises, which must specify the date, approximate time and purpose of the entry. The statute expressly states that a written notice is not necessary if the landlord and tenant orally agree to an entry to perform agreed-upon repairs or to supply agreed-upon services.. Any such oral agreement to enter must include the date and approximate time of the entry, which must be within one week of the oral agreement. Should the landlord violate the law, a tenant can sue and be awarded up to $2000 for each violation. However, I believe these intrusions by your landlord have a far more sinister purpose. You may need to seek a Restraining Order in addition to filing a lawsuit against him for invasion of privacy, among many other causes of action.
Q. I am an 89-year-old man suffering from heart disease and diabetes. My son lives in my house, is violent and has beaten me up on several occasions. He moved in with me several years ago to look after me. I am terrified of him and I can’t take too much more of his abuse. What can I do?
A. I would strongly suggest that you seek a Temporary Restraining Order (TRO) to get him out and away from your house. You can get immediate relief by filing a Request for Order, Description of Abuse, Temporary Restraining Order and Notice of Hearing with the closest court. You son must be served with these documents to give him notice of the hearing and give him a chance to be heard in court too. The can give you a TRO lasting up to three years.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581