KNOW YOUR RIGHTS TO PROTECT YOUR NEIGHBORHOOD

Knowing the law helps protect you from legal liability for the
behavior of others.

You have a right to refuse to rent to or allow people to live on your
property, based on legitimate business criteria. People with poor
credit, poor maintenance habits and poor public records are not
likely to increase your property value or your income.

You can be held liable for the behavior of those who live on your
property. If they create a public nuisance or criminal behavior, it
is you who will be held responsible (if you are aware of the
infraction and allowing it). You are also held (legally) responsible
for the behavior of your employees and property managers.

You have a right and a responsibility to protect yourself by careful
selection, knowledge of the law and awareness of the circumstances of
your property. If you are a landlord, be aware of how your property
is managed. If your manager is not selective enough, write better
criteria into your contracts with the manager and the tenant (or get
better manager).

You can be held liable for legal nuisance (a pervasive, continuing or
serious condition -- like excessive garbage, drug dealing, excessive
noise or open sexual conduct). Pay attention to whom and what is on
your property.

Humboldt County has had a lot of destruction to homes that have been
used for indoor marijuana gardens. For landlords, the cost of
repairing the damage often far exceeds the amount of the rent collected.

The excuse and attempted justification the tenants use is, "I have a
medical card for the use of marijuana." They somehow think that card
gives them the right to destroy other people's property. It does not.
There is no such right.

If a doctor told them to drink milk, it would not give them the right
to raise dairy cows in your living room. Their prescriptions and the
destruction of your house have nothing to do with each other. A house
is to live in, not to raise cattle in or grow crops in, turn into a
manufacturing plant, a warehouse or a sales shop.

Even if marijuana were legal (it is not), the destruction of someone
else's property (your home) would still be illegal.

Home owners: Protect yourselves by putting unquestionable statements
in your lease agreements and rental contracts concerning indoor
plants, removal of lawn and or reconstruction for gardening etc...
Include a statement concerning animals, too. You don't want to be
confronted with tenants' overreaction to being told to drink milk.

Be sure your contract contains explicit written provisions stating
that tenants who "violate any law or ordinance, including laws
prohibiting the use, possession or sale of illegal drugs, commit
waste or nuisance or annoy, disturb, inconvenience or interfere with
the quiet enjoyment, peace and quiet of any other tenant or nearby
resident, will be terminated and evicted if necessary."

Then enforce it. Don't imagine others won't enforce it against you if
a serious problem arises because you did not enforce it.

These laws apply to all property owners. You don't have to be a
landlord. No one can legally create a nuisance in their neighborhood
and assume justification because they own the property. There is no
justification.

Avoid the problem by not allowing it to happen. The consequences to
the property owner are not worth the alleged friendship of someone
who would put you in that position. Anyone who is that unconcerned
about your welfare is not your friend.

Actions speak louder that words. Don't leave yourself in a position
where you can end up being responsible for someone else's behavior.

Basic information compiled here has been taken from "Every Landlord's
Legal Guide" by Marcia Stewart, attorneys Ralf Warner and Janet
Portman, and the "Nuisance Abatement Guide" available from the Eureka
Police Department.