A Nightmare for Parents: How to Navigate the Legal Boundaries of Tenant Rights During a Family Crisis

There is a great benefit in having a family doctor and lawyer who build strong, lasting relationships, often with several generations of the same family.

The result is more personalized, effective health care and prompt access to legal representation.

However, there is one particular upsetting frustration that can be a matter of life or death — or the result can be seeing your nervous client walk into the office holding a lawsuit they were just served with.

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The frustration? A delayed heads-up that something is amiss. For example, a patient who waits for months before saying, "Doc, I think something's not right."

Or the client who admits to having taken the law into their own hands — months ago — and is worried about the expensive consequences.

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What's going on?

Plumbing contractors "Kevin" and "Julie" have been our clients for over 30 years. With one exception, they have bounced any significant legal decision off of us. That exception happens when issues with their children — all adults — cause their blood to boil.

On a recent Saturday morning, they called. Agitated, Kevin explained, "Our daughter, 'Sandy,' and her jerk of a husband, 'Seth,' rented an apartment located in the rear of our house.

Both are on the rental agreement. They recently separated, but he briefly returned a few days ago to grab some of his things.

"We knew that he had a temper. However, today Sandy admitted he has been physically abusive, and she has a black eye to prove it. She is terrified of him returning."

Julie, in a trembling voice, added, "This creep just called us — he was clearly under the influence of something — and said that he was going to take half of everything we own, even though his name is nowhere on anything proving ownership, and he never once contributed money toward the property. Can he do that?"

I replied, "Not likely, but something tells me there is more to this, so tell me what's going on now?"

A threatening phone call

Kevin then played the recording of a phone call he had with Seth:

"I am recording this conversation, Seth."

"I don't care what you are recording."

"Stay away from Sandy and never set foot on our property, including the apartment, or you will regret it."

"I am a paying tenant," Seth yelled, "and I'm coming over now with some muscle! We are taking Sandy away from you creeps. Try to stop me, and you will regret it."

"What should we do?" Sandy's frightened parents asked.

In a calm tone of voice, I explained, "Normally, you would have the right to exclude anyone from your property who is not a current tenant or who poses a threat.

"But your daughter and Seth have both rented the rear house. If Seth is still a legal resident, then you cannot bar him from accessing the rental unit unless there is a restraining order or eviction judgment against him."

I further explained that attempting to evict him could be seen as a form of unlawful eviction or interference with his tenancy rights.

However, if he has moved out, and there is evidence of him having relinquished the tenancy, this would be a strong argument in favor of barring him from entry, especially if Sandy is now the only tenant and his presence is threatening to her and, apparently, both Kevin and Julie.

Time to call law enforcement

Given the threat of "coming over with muscle," this is the time for Sandy and her parents to immediately contact law enforcement.

In all states, while the exact terminology will be somewhat different, a law enforcement officer can request an emergency protective order (EPO) from a judge, which is typically available 24/7 in most jurisdictions.

The purpose of an EPO is to prevent future domestic violence/abuse, child abuse, abduction, stalking or abuse against an older person or dependent adult. An EPO can order the defendant to:

• Not contact people covered by the order
• Not harass, stalk, threaten or cause harm and stay a certain distance away from where they live, work or visit regularly
• Move out of a home that is shared with the protected person
• Not have guns, firearms and ammunition or body armor

Most family law attorneys would maintain that in this situation, the EPO would require a landlord to exclude the named defendant.

Also, some states allow landlords to change locks and take other safety measures for tenants who are victims of domestic violence, even without a court order.

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An EPO is served on a defendant in person by a law enforcement officer and typically is effective for five to seven days.

If the person needs protection that lasts longer or wants to ask for other orders, they can apply for a restraining order.

Insight from a family law mediator

I ran this situation by Scott Levin, a friend of this column and in his 20th year of practicing family law, with a focus on mediation, in San Diego.

"I've had clients who own their homes and later allow a boyfriend to move in. When the relationship ends, they're surprised to learn that renter protections can apply even without a lease or rent payments.

"Once someone lives there with permission, landlord/tenant law in many states gives them occupancy rights, and self-help eviction — like changing locks or tossing belongings — isn't allowed.

"The best outcomes come from negotiation, not confrontation. A negotiated settlement can lead to a peaceful move-out and fair resolution, preserving dignity on both sides."

Levin's website features useful tips on dealing with several of life's most challenging situations.

If you feel you may be a victim of abuse, reach out to the National Relationship Abuse Hotline at 800-799-7233. You can also visit their website.

Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.

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