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My tenant has avacado trees in his front area of his home we…

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My tenant has avacado trees...
My tenant has avacado trees in his front area of his home we live in a culdesac with 10 cottages i manage and each home sitting close to their neighbors..the tenant has an issue with everything and sent me this email . How do i respond to him its very fustratingAshley Kahoush332 S Buena Vista Ave.
San Jose Ca 95126Dear Ashley,This email is a courtesy notice to inform you of a situation that transpired today between myself and neighbor(s) 330 S Buena Vista Ave..January 15, 2018: I came home at noon for a lunch break to find a guest of 330 S Buena Vista Aveparked in my residential assigned parking area. I kindly asked the guest of 330 to please move their vehicle from my assigned spot, to which they replied, they would not stay long.
Approximately 45 minutes later, I was leaving to return to work and Jenna, of 330, was picking avocados from a tree on my property. She was accompanied by her guest (owner of vehicle parked in my assigned spot). Jenna engaged in conversation by asking me about the avocados. I took the opportunity to notify Jenna that the tree she was picking from was on my rental property and that the next time she wanted to pick from the tree, she please ask beforehand. This of course is considered trespassing if she enters without my consent.At 3:40 I was aggressively confronted by Jenna’s significant other (also tenant of 330). With great hostility he insisted that I not speak to Jenna, regardless of the matter at hand. I stated that I simply had asked her to kindly notify me the next time she wanted to enter my property and pick from the trees. He, in a threatening manner, insisted I never speak to her.Moving forward, because tenants of 330 S Buena Vista were and are unapproachable regarding the matter of private property, I will now leave the matter of trespassing into the jurisdiction of San Jose Police.
Furthermore, for a person to enter, or come on to ones property, without notification, is a form of trespassing.Please feel free to contact me should you have any questions or possible remedies to the matter. Thank you in advance for your attention to the situation.
Sincerely, *****Also sent via certified mail
Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 4 minutes by:
1/16/2018
Lawyer: barristerinky, Attorney replied 4 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,592
Experience: Attorney over 17 years, landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Is this your tenant and you own the property?

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Who planted the tree that is in the yard... tenant or landlord?

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Why is the tenant notifying you about a confrontation with the neighbor?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
we own the property and this is a issue with one tenant and another tenant next door. We planted the tree 20 years ago and j have no idea why he is conplaining to me how do i let him know its not his tree and anyone can pick avacados off it in a professional manner
Lawyer: barristerinky, Attorney replied 4 months ago

Sorry for the delay.. had to be out of office for a bit.

.

Ok at this point, if you don't have a problem with the neighbor picking the avocados, you can either ignore it... which is probably what I would do... or you can tell him that you have granted permission to the neighbor to pick the avocados off your tree that you planted..

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From a purely legal perspective, if you rented him the entire house and yard, then he is legally the one who has current possession of the land that the tree sits on and he can prohibit entry onto his leased premises by anyone who doesn't have the legal right to be there..

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But if you wanted to address it, you might just respond by stating that you apologize for any confusion but you gave the neighbor permission to pick avocados from your tree and might have forgotten to notify him..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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