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BreakingNewsTeam - > Breaking News -> On landlords entering property
On landlords entering property

The case in today's paper is about landlord Christy Ferrell entering a home she's renting and being confronted by a man with a gun.

She said she taped a notice on the front door the day before. The tenant, Jordan Lerma, a nephew of Sheriff Donny Youngblood, said he didn't get it.

The man with the gun, Detentions Sgt. David Aldridge, is married to Jordan's sister.

Ferrell went to the home because Lerma didn't pay his September rent and she wanted to inspect the place for liveability. Lerma said he did a bunch of painting and the cost should come off his rent. Ferrell said she never authorized the painting.

Ferrell said she knocked and rang the doorbell twice, opened the door and announced herself, and then walked in with her stepfather right behind her.

From a side hallway, Aldridge emerged with a gun pointing down at the floor. He told the landlord she had no right to be in the house.

The police were called and took the side of Aldridge.

Police spokesman Greg Terry said the job of the police is not to interpret civil tenancy laws, but to keep the peace. Separating the antagonists did that, he said.

I've lived in a few apartments in my day and never had any question that a landlord with notice had a right to enter my apartment.

Jordan said he didn't get the notice. I left him a notice on the same wind-protected porch. He got that.

Police tell me no one is required to answer knocks at the door. Makes sense when you consider what strangers may come around.

This landlord business is tricky. That's why this case will be resolved in court.

Posted by Steve E. Swenson

 

 

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posted by BreakingNewsTeam on Tuesday, October 14, 2008 at 07:07 AM
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32 comments from 17 users

1

posted by sfinboston52 on Oct 14, 2008 at 08:22 AM

Wow...again the sheriff office is smeared due to one of it's employees going all "frontiersmen". The Landlord should sue the sheriff dept and win big.

I do more then post a note on the door, I usually call their cell phone and then send a follow up email (which are all date stamped). Also, always ALWAYS ensure everything is in writing.

posted by NancyII on Oct 14, 2008 at 08:34 AM

It's a case of he said/she said.  What did you expect the sherrif to do, take one word over the other?  It's not the officers job to make a judgement, that's for the court and he made the right decision under the circumstances.  Evictions have to be handled through the judge.  It took me three months to evict a tenant out of my house and during the eprocess I couldn't enter the house..

Read again because unless they've changed the law, you could enter the house after 24 hour notice for repairs, not to evict.

posted by Shwaine on Oct 14, 2008 at 08:42 AM

It's not just notice of requested repairs. You can also issue a 24hr notice to inspect for needed repairs. I knew of an apartment complex in Davis did annual maintenance inspections. Technically, they were just there check all the appliances, the AC/heater and the smoke detectors, but of course they could also see any obvious tenant damage in the process. I do believe you can refuse a maintenance inspection, but lack of refusal is seen as consent.

posted by NYtransplant on Oct 14, 2008 at 08:42 AM

First off, the tenant did not pay rent for one month so the landlord had a good reason to inspect  and secondly, someone at the house saw the note because the wind protected pouch was no longer at the door.  So this was a case of either a simple miscommunication or blatant disrespect to a land lord's right to inspect his or her own property.

In any case, I only partly agree with the excuse offered by Police Spokesman Greg Terry that the objective of the police department in such incidents is to keep the peace.  But how they keep the peace is at issue.  A police officer, who works among and serve the public, should be aware of common public laws so that he or she may act with fairness and expediency in resolving conflicts.       In this particular case, I believe that these police officers "played dumb" and took the side of Aldridge because of his ties with law enforcement.   This corruption is simply disgusting and Bakersfield should not tolerate it.    Ultimately Donny Youngblood is responsible to ensure that people of his charge act responsibly and fairly to the public and this incident reflects on his job performance.  
posted by tchudilowsky on Oct 14, 2008 at 09:05 AM

 Not all landlords are decent. Maybe she is the liar.

posted by dynaglide on Oct 14, 2008 at 09:22 AM

I found out that went you rent to someone you have almost lost all your rights.  We had a rental for which we tried to enter and they placed a pitbull at the door.  We never did get to enter the home until they were evicted and by that time the whole inside of the home had been destroyed.  We found out rental insurance did not do much good because it was intentional damage and they would not cover anything.  We filed court docs against the individuals but like the judge said you can't get blood out of a turnip.  Basically your screwed. 

posted by NancyII on Oct 14, 2008 at 09:23 AM

Every time something happens that involves law enforcement or their families the first thing people do is cry favoritism or corruption.  You have no idea what actually happened or the scope of an officers authority in a case like this.   Since all officers in all branches have family here in town, it's bound to happen sooner or later.  Am I mistaken or didn't it say that the tenant AND the owner were relatives of the officer? 

Again, this is a case of the readers here deciding what was right and what was wrong  based on a newspaper report.  

When you go in to physically evict someone it has to be done legally.  You can't just go in and toss them out.  Did she enter to inspect or to evict?

posted by stickbugs on Oct 14, 2008 at 09:24 AM

Detentions Sgt. David Aldridge was clearly there to intimidate the landlord since he had his gun drawn out (even if it was pointed down).   I don't doubt that a note was left on the door stating the time that she would be there to inspect the property and that they set this up to scare her.  The sheriff's department needs to investigate their own on this one, quickly and publicly.  Donny Youngblood's family keeps getting in the news...and not for good things. 

posted by stickbugs on Oct 14, 2008 at 09:27 AM

Nancy, in an earlier article it said that the property owner knew the tenant through a co-worker, not through family.

posted by stickbugs on Oct 14, 2008 at 09:28 AM

Inspect.

posted by NancyII on Oct 14, 2008 at 10:17 AM

I saw that Sticks but the article above indicates the relations were on the tenants side so how could it be corruption against the officer?

In any case...let me tell you a story about newspaper articles and believing what you read.  I once had a family rent my house in Tehachapi for five years.  In that time they struggled to make the rent over and over but finally got straightened out and got on track.  I got a call one day saying they were moving to NM that month.  When I asked about the rent they owed for that month I was told "take it out of the deposit.  HUH?  Then what about damage.  Well that didn't really matter I guess. 

Motopoet was the first to open the door and he called saying "Mom, you don't want to see what they've done."  He was right.  The house was destroyed, bathroom door kicked in apparently because the jam was broken.  Dog feces literally wall to wall on the carpet of the kids bedroom floor and partially in the master BR.  Living room carpet saturated with food and probably urine from either kids or dogs.  Walls with food smeared on them.  Broken furniture in the back yard.  Garage full of trash left over from a garage sale.  Mold everywhere.  I had to rib out the old carpet, bleach the floors and walls and replace doors and jams in the interior.

Fast forward to December and Motopoet once again called and asked if I'd seen that days paper.  I hadn't but about had a woolly worm when I read the bleeding heart article saying this couple had gone to NM for a new life and it didn't pan out so they were back.  The paper was calling for donations of furniture and toys as they were staying with family and needed a place to live.

Yup, they were back, and scamming the community after leaving me with thousands of dollars in damages.  Oh yes, they were on welfare to work when I rented it to them...giving them a chance, and I new I'd never get a dime out of them with then quitting their jobs to go to NM.

You see, you only get what's put in the paper and in the case of this officer, it's still he said/she said.  The paper isn't interested in digging into the facts, their job is to sell papers.

Small difference with me, I took pictures of the damage and still have them.

One thing I learned over the years is that having rentals can be a pain as the tenant has a lot more rights that the landlord but an absentee landord (my case) is just asking for trouble.

 

posted by ProgressivePete2 on Oct 14, 2008 at 10:21 AM

Something is fishy here. Why wouldn't the gun wielding detention officer answer the door if in fact they rang the bell twice and knocked twice? Why wouldn't the landlord call the tenant to give notice of inspection or of eviction? Both Landlords and Tenants have rights, and it sounds like the Tenant was not fully aware that they needed to put the repairs done in writing beforehand, as well as detail the expenses when they intended to deduct the repair costs from the rent. I had a horrible landlord in the past and understand that some are unwilling to respond to repair requests and just "pop in" whenever they feel like it. Not saying that's what happened here, but it happened to me. This will be settled in court. I'm glad nobody got shot.

 

Any renters out there should purchase a tenants rights book. It's worth every penny.

posted by RedHeadedFred on Oct 14, 2008 at 10:23 AM

 as far as we know , Aldridge had no idea who the intruder was ...  he was perfectly within his right to display his forearm until he had the person identified ...  in my house ,  the intruder would have been staring down the barrel of my 12 gauge shotgun ...  anyone ever hear of home invasion robbers or burglars???  gimme a break ... and trying to implicate Sheriff Youngblood in all this is just a bit ridiculous dont ya think??  

posted by sys_mom on Oct 14, 2008 at 10:41 AM

Attention landlords and tenants! Make sure you get all the details of your rental agreements in writing before you allow or make repairs in lieu of rent payments.   I am a landlord and I have had issues with the tenants making "improvements"  that were not approved by me that they wanted to deduct the price for from their rent.  Tenants do not have the right to paint a rental property without the owners OK on color and paint quality.   A simple written contract detailing the repairs in lieu of rent payment would have avoided this misunderstanding.  Hopefully these folks can come to an agreement and get this straightened out.  I would think at 19 the tenant does not have that much experience with rental contracts and he probably considered the work he did in good faith as repairs and improvements.   This situation seems to be a good example of lack of communication.  People with rental property have bills to pay and sometimes they count on the rent income to pay those bills.  Having a tenant surprise you with an unexpected $5000 repair could be upsetting.  Now I guess there will be too many bad feelings on both sides of this conflict for the rental arrangement to be salvaged.   Are there any arbitration services available in Bakersfield for these folks to consult?

posted by NancyII on Oct 14, 2008 at 10:44 AM

One of my points exactly Red.  Some will do anything to discredit law enforcement.

I still say there's more to this than meets the eye..or the articles. 

Bloggers are always jumping to conclusions.  Sometimes I think that's the only exercise they get.

posted by Maggiepoo on Oct 14, 2008 at 10:54 AM

My neighbors next door neighbor´s daughter`s sister was in the landlord business for 20 yrs and her brother´s uncle was a law enforcement officer and that`s why busy bodies and snivelers need to verify that the note was received, registered mail, but now I have a rental management company handling my properties, simple

 

posted by NancyII on Oct 14, 2008 at 11:51 AM

Keep it up maggie.  I'm reporting you every time you do it. 

posted by sfinboston52 on Oct 14, 2008 at 01:24 PM

Sys mom, could not agree with you more. I dont allow tennants to do repairs or improvements in liu of rental payment. I actually prefer to hire someone to come in and do the repair/improvement and get a receipt for tax write-off. Also work to keep it above board and clear and to the point.

Also, this rental property belongs to the owner and the tennant. It is very important to have a lawyer write up the lease and ensure your rights as a landlord.

posted by saberhagen on Oct 14, 2008 at 03:40 PM

 

 

A notice posted on one's front door might not be seen by a home's occupant.

Many people don't use their front doors for either ingress or egress.

Many people enter their homes from garages, rear or side doors.

I don't use my front door.

A notice tacked to my front door might remain unseen for months as like many people, we enter our house from the garage.

In the case of this renter/lessee, there might be no reason for the renter to expect someone to be entering the home without express permission.

There is no reason to suspect one's motives for not answering a doorbell.

An occupant could have many other reasons for not responding to a knock at the door or to a doorbell/chime such as something incredibly simple like not hearing it, being busy, bedridden or a host of other possibilities.

I don't answer the door to unexpected visitors period.

There are many questions surrounding the incident which remain unanswered.

Did the tenant's lessor attempt mail or telephone contact prior to the presumably unannounced visit?

Was the sheriff or police called prior to the visit?

Did the landlord seek an unlawful detainer through the courts?

Did the property owner give proper notice of either eviction or an inspection visit?

Does tacking a notice on the door constitute due process?

Did the Landlord think to provide notice by certified mail?

Does the fact that the tenant's rent payment might be a month in arrears give the landlord the right to entry?

Do the terms of the tenant's lease/rental agreement entitle the tenant to quiet enjoyment of the property?

 

posted by sys_mom on Oct 14, 2008 at 04:28 PM

50% of my properties have been rented to the same tenants in excess of 12 years. The other properties are rented to the original tenants that I first rented to when I purchased the houses.   I respect my renters and I treat them fairly.  I too have a management company to handle the "details" for me.   One of my renters is an auditor for a major oil company.  My property managers have had to send her eviction notices every year.  Sometimes she goes 5 months without paying the rent.   She works out of the country quite often and her adult children are left in charge of paying her bills.   Those sons of hers are slackers. The eviction notices are necessary to get her sons' attention.   I would be surprised if they pay any of her bills while she is out of town.   Every year she comes back to the US and writes a multi thousand dollar check to cover the back rent and the late fees.  Most landlords would not be as accommodating as I am.  Still, my management company says I am the luckiest landlord they work with.  In the 20 years I have hired them we have only evicted one tenant.  Most of my tenants ask if they can buy the properties that I rent to them.  I take care of any needed repairs quickly and I keep in touch with the managers on a regular basis.  I have regular inspections done and I have photos and videos e-mailed to me yearly showing the condition of the properties.   My theory is that as a landlord you need to wait for a quality tenant and once you find one you treat those folks the way you want your grandparents treated.  I run credit checks on all my tenant prospects and I make sure we all know the other's expectations prior to entering into a lease agreement.  If you can't afford to leave your properties vacant while you find the right tenants or if late or missing rent payments cause you a financial  panic then you better rethink being a landlord.    Before I bought my NE home I rented a house in Oildale.  The landlord there cried when we told him we would be moving.  He said we were the best tenants he ever had.   He put that house up for sale before we moved because he said it would be impossible for him to replace us.   Good communication and respect of others is required to be successful in most businesses.  Don't let greed or sentiment or cutting corners ruin your tenant/landlord relationships. 

posted by DAWGS3 on Oct 14, 2008 at 09:03 PM

Okay, let me see if I've got this. The landlord posted a notice on the front door. The same front door that the writter of this artice posted a notice on? How am I doing? He responded to an interview, but not to the landlord. No wonder he was being evicted. If he won't make contact and he isn't going to pay rent, he shouldn't be allowed to stay there.  As for this relative of his, not very smart. How old is this guy? You would think that with things in the world being what they are, someone in his position would be a little more concerned about his job, and not so concerned about this kid being evicted. Hope it was worth it. If it's been filed with court, and he filed a response saying that things were not working, it doesn't surprise me that her attorney told her to check things out. If that is what happened, then it appears that they thought she was going to be there alone. Imagine the surprise...oops!! Guess they can't unring that bell. Then the tenant goes on tv talking about it, did the newspaper ever say that he was even there? Everyone is quick to blame Youngblood, don't know that he had anything to do with it, but the Sergant is a relative, so that makes people point the finger in the Sheriffs direction.

posted by BanditIvy on Oct 18, 2008 at 09:41 AM

I think we'll hear more about Jordan in the future.  Not just on this particular case, but other things he's bound to get involved with.  Unfortunately, it may be on the wrong side of the law.  I'm not at all surprised as to his current problem.

David on the other hand has always seemed like a stand up guy.  

 

I'm not at all convinced that their relationship with Sheriff Youngblood has helped their cause.  The last time Jordan got into trouble, it was his mom who helped him out.  At that time, she worked for the DAs office. 

posted by monkees5 on Oct 18, 2008 at 05:51 PM

Bandit, Your getting quite personal. Sounds like you are somewhat of a HATER. If you have personal issues with Jordan you need to keep them to yourself.

I think Law Enforcement gets shafted by the public but Oh when you need them it's totally different. They become your best buddy. Their is definitely more to this story.

A) Can she prove that she posted a notice. I could print one of those off the computer right now and show my copy and never put one on the door.

B) It is already in court. Leave it alone and let the courts decide.

C) The Californian is ALWAYS one-sided. It was very obvious with this story.

D) If someone comes into my house that I don't know, I'm positive I have the right to protect myself and she would have been looking down the barrel of the gun.

posted by DAWGS3 on Oct 18, 2008 at 09:15 PM

      Bandit probably isn't a HATER, just someone who's alittle closer to this situation than most of us. What about it Bandit.......what do you know that we should all know?

Most of the time law enforcement doesn't get shafted, but when we do things that are questionable, the public has a right to know about it. Come on monkees, if you were in that situation, what would you think? It was right? As for the paper, they interviewed both parties. Obviously one was more viable than the other. Law enforcement may appear to be taking the brunt of this, but it's not fair that one officer does something stupid and we are all made to look bad. We are aware that our actions are held to higher standards from the day we accept our positions. The deputy should've thought his actions through before doing what he did. Did he think no one would question what he was doing there? 

How do you know it is already in court.....do you know one of these people too? 

posted by monkees5 on Oct 19, 2008 at 07:10 PM

Obviously you didn't watch this on the news. It was reported on there as well. It said she was suing the tenant which would make me assume that it is already in the courts or she lied. Which is what I believe. The more I think about this story the more I think she's not so truthful.

The news also reported that all the utilities were in the deputies name, so maybe he lived there? Do we know that he didn't? It says nothing about him living there or not living there.

And Dawg you said "We" are held at a higher standard. It sounds to me like your Law Enforcement. I have talked to plenty of Law Enforcement friends of mine in different agencies including Feds and funny how they all agree with what this officer did. You are judging without all the facts. I would hate for the public to ever do that to you.

This case has really got my eye. I think I will have to follow this one through. I will let everyone know how it turns out. Luckliy I have friends in the Media.

posted by DAWGS3 on Oct 20, 2008 at 07:15 AM

monkees- she filed an eviction, not a law suit. The utilities were in the deputies name so he could enroll his daughter in [edit] High School, not in Centennial where he resides. As for your law enforcement friends....ask them if they think it is right for a man to hide out in his brother-in-law's house on his day off, waiting for the landlord who he thought would be alone, only to find out she wasn't............, add the fact that his wife arrived meer seconds after the landlord walked through the door. And let me tell you..it's rummored she is a loon. You can't tell me that these guys didn't set this one up. The public wouldn't do that to me because I would never put myself in a position as to possibly loose pension and career to pull a prank on someone. Ask your law enforcement friends about this one. And yea I will be following it till the end because what they did smells.

posted by monkees5 on Oct 20, 2008 at 02:45 PM

Wow, you sound like a Stalker.

Actually I would bet you are the Landlord posing as someone else. Only the Landlord would know such details as "his wife arrived meer seconds after the landlord walked through the door."

So who's the real LOON here?

Oh and I did explain the whole situation to my Law Enforcement buddies and they all said sounds like that woman is crazy and is lucky she didn't get shot.

 

posted by DAWGS3 on Oct 20, 2008 at 04:47 PM

No, not related, wish I was on either side... more juicy info. It's just when people talk about events they need to be careful who is around. I do not recall his exact words, although he didn't use meer. There have been alot of things that I've heard, won't put it all out here though, looks like they are still investigating. Don't get me wrong, there are people here that think what he did was okay. It's not that I totally disagree, but like everyone else, I think alot is missing from both sides of the story. My kid goes to school with his kid, to clear that up. No stalking here. As the news paper article stated, she wasn't alone. So, someone else out there knows what happened.

posted by EJsmommy on Oct 20, 2008 at 05:07 PM

I'm probably going to get nailed for writting on here, but if anyone is really interested in how this happened, just ask.......And no , no one else on here has posted as me. It's my first visit. All of your comments have been insightful. Thanks for that good or bad. DAWGS3 could be a stalker, but they do know what they are talking about, and no I'm not a loon.

posted by notatroll on Oct 20, 2008 at 07:03 PM

The utilities were in the deputies name so he could enroll his daughter in [edit] High School, not in Centennial where he resides."       I don't  know if this is just a rumor or if this is a fact. Hopefully this guy's daughter is not playing any sports at her non legal high school. If so that would be a violation of the CIF rules.   There are 3 eligibility requirements to play sports at a Kern High School District school.  The first from their PDF http://www.khsd.k12.ca.us/i...   is.....

1. Residential eligibility and enrollment -  You must live in the school's attendance boundaries with your parent(s), legal guardian(s) or caregiver, or have District approval via Open Enrollment or Intra District transfer.  Proof of residency must be provided at the time of enrollment.  The address you show as your residence must be where you actually live with your parent(s), legal guardian(s)  or caregiver.  "Using" someone else's address, listing a relative's address or living with someone other than your parent(s), legal guardian(s) or caregiver are examples of false or fraudulent information.

I don't know about you guys but if I think someone has "bent the rules" in one area I wonder about all the other "rules" they may have an opportunity to bend.  I have taught my children that good citizens follow the rules and only request exceptions through the proper channels.  Call me old fashioned all you care to but I believe that  "cheaters never win and winners never cheat" .   Being somewhat naive I expect folks in LE to be more apt to obey rules than your average citizen.  It would be a true shame if this guy is a rule breaker as you infer.

posted by EJsmommy on Oct 20, 2008 at 08:26 PM

Notatroll- Im sorry I can't give out their real address as to the fact that he is LE, however, I know for a fact that it is true. I can assure you that the schools are being made aware of the situation, and hopefully all will be resolved. I totally agree with the statements..more apt to obey, sadly, not all respect their positions or their employer. Thank you for taking the time to look up and post the information.

posted by notatroll on Oct 20, 2008 at 09:28 PM

The document   http://www.khsd.k12.ca.us/i...

 Also details the penalties for high school athletes who violate the residential eligibility requirement.  You can read about them on page 12.    I have no way of knowing if this student is in fact also an athlete.  I just want to remind parents that if you lie about these things you are sending the wrong message to your children.  You are also running the risk of screwing up the sporting experience of all the athletes who are participating on any team that an athlete competes on fraudulently.  "Any contests in which a student or students participated based on false information or fraudulent practices regarding eligibility status shall be forfeited according to the guidelines set in accord to the rules of the CIF section"      I think it is a sad thing in our society that there are folks who prefer winning (even via fraud) over honest sportsmanship.  I say "Shame on you!"   Not all the folks who cheat get caught.  But some do.  Ask your GEYF friends what happened to the "winning" record of the Freshman Titan team.  http://www.geyf.org/fresh_s... Those of us who follow the rules are sick and tired of those slacker jerk parents who cannot be bothered to do the same. 

 

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