HOW TO SPOT AND GET RID OF WORTHLESS, PARASITIC PEOPLE

HOW TO RID YOURSELF OF PARASITIC, WORTHLESS PEOPLE – by Patrick J. D’Arcy

My instincts are to help people, but that means I get taken advantage of by “needy” people who  are truly parasites in disguise, and who bring to me their endless stream of problems.  I am not talking about persons who truly are in need – those with physical and mental disabilities, or the elderly or infirm.  I am talking about able-bodied persons who just endlessly dump their bullshit upon you.  Believe me, if it becomes a pattern, you are being manipulated.  They don’t give two shits about you.  To them, it’s a “game” to see how little they can do, and how much you can do for them.  They are passive aggressive, and will not do anything for you in return.  You will notice that they go on vacation during the busiest time of the year for your department.  For them, you are their white night, and you will be on speed dial with panic calls requiring you to spring into action.   You gave them rent money, only to find they blew it in Vegas, and now are being evicted, and need a place to stay – with their three toddlers.  You worked out repossession of their car with the bank (they asked you to call the bank to help them “figure it out” because they “are not good at math”).  Then, they miss the payments again, and ask for more help.  They bring their loving dog to your house to watch “for a few hours,” only to be gone for several days, and will not call you or text you about why they have not returned.  You, of course, couldn’t leave the dog alone in your home, so you canceled plans with your friends to make sure the dog was ok.  They come back, “apologetic,” and explain “what a great time  I had in Tahoe, and I couldn’t call because we were at a chalet and there was no phone reception.”  “Tahoe?  You said you were just leaving for a few hours.”   “A few hours?  Did I say that?  Oh, I am so sorry.  You’ve been great.  We should catch up some time!”

Once The Parasite Latches On, You Will Be Responsible For Their Life And Emotional Well-Being.

Once you climb into the ring with them, they will latch on tight, and suck out every bit of your time, money and energy.  And let’s not forget the heavy negative energy and drama they bring to you, too.  You might be just trying to relax after another tough day, and your phone rings.  It’s “him.”  He might say, “Can you call me at 5:00 a.m. so that I wont miss work? I’m really tired.” Failing to answer means more drama.  Five more text messages hit your phone.  “I need your help!’ “Are you there??????”   “Can YoU cALl me PLeasE?????!!!!!!”   Finally, you call.  Then, it’s more hell.  Ok, so what’s the answer?

Learn To Set Boundaries, And To Recognize Patterns Of Manipulation

I am always charitable until I see a pattern or feel manipulated.   Don’t be uncharitable, and change who you are due to these bozos. My post deals with “manipulative patterns of conduct,” not isolated issues that come up and that could happen to anyone. People need help. The question is: do they rescue themselves and just need a helping hand into the boat, or are they the type who expects you to supervise them and bail them out of trouble?

If the pattern emerges, do not react.  Do not feed into the energy.  Do not give them elaborate, fake reasons.  These experts will actually cross-examine you to get to the truth.  Then, you’ll accuse you of lying to them!    They are master manipulators.  You will be caught off-guard at how brazen they can be,   Simply say, “I can’t help you, and I’m hanging up.” Then, hang up.  Don’t equivocate, or become wishy-washy.  They will respond with vitriol, guilt shaming and the like.  It’s all part of the manipulation.  They will never become responsible with human safety valves like you lying around. 

Cut Them Off, With A Simple “I Can’t Help You.”  Then Hang Up Or Walkway.   Do Not Make Elaborate Excuses.  They Will “Test” These Excuses to Manipulate You Even More

Parasites will get angry when you cut off their money and fuel supply.  Watch how quick they become angry and then turn on you!  All of your prior charitable acts will be quickly forgotten or brushed off. You see, they need people to regulate them because they refuse to regulate themselves. You’ll get a feeling of immense satisfaction when you see them hitting up other people to do what you did for them.  Also, do not flatter yourself.   These types are creative geniuses.  Do not think they didn’t pitch the “rent story” to ten other people, and not only got the rent money from several of them, but used that money to buy a nice watch or new clothes too.  Because they are parasites, they will need to latch on quickly to a new host, and when they do, they will never approach you again.  You are not losing a friend, just a liability. 

Don’t Worry, They Never Liked You.  You Are Not Losing A Friend, You Are Losing A Liability.

The sobering reality about being used is the you feel responsible for allowing it to happen. Don’t worry. Forgive and forget. That will cut down on the emotional stress these useless people toss upon everyone. Nature doesn’t put up with these shit. The momma bird throws the young one out of the nest. In the wild (and in prisons), the big eat the little. You are actually doing them a favor. Let them realize that there are no easy escape hatches, which will force them to learn what it means to grow into being a responsible person. Hopefully, they will rebound, and one day thank you.

Attorney Patrick J. D’Arcy, of Irvine, CA Gets Real Estate Lawsuit Dismissed At Trial After Plaintiff Rests.

In a complicated real estate and probate action in downtown Los Angeles, trial lawyer Patrick J. D’Arcy got the Plaintiff’s case dismissed at trial after Plaintiff rested its case. The Plaintiff sought to erase a loan of $1.2M from the property and failed. Mr. D’Arcy’s attack on the witnesses was so thorough that he got their expert – a doctor – to admit he was wrong in his analysis, after only five minutes of cross-examination. Mr. D’Arcy then sought a 631.8 dismissal motion and it was granted. Prior to trial, Mr. D’Arcy had ten defendants dismissed, had two more dismissed at trial, and the last two after Plaintiff called its second witness.

Before trial, the Plaintiff had filed 20 claims against 14 defendants. This case was also in the probate department, where Mr. D’Arcy got the foreclosure stay lifted. The lawsuit had a multitude of claims to defend against – wrongful foreclosure, “predatory lending,” 17200 violations, etc.

Tenants From Hell Warning Signs – by Patrick J. D’Arcy, Attorney

If you are a landlord, you must be on guard for the “tenants from hell.”  A “tenant from hell” is someone who will make your life a living hell by: 1) not paying the rent; 2) destroying your property; 3) being judgment proof when the Sheriff tosses them out; and 4) costing you a fortune in repair and renovation costs.  For those unacquainted with the an example of a tenant from hell, watch the classic movie, Pacific Heights, with Matt Modine and Melanie Griffith (as inexperienced landlords) getting rolled over by Michael Keaton, a tenant from hell.  Keaton drives a Porsche 911, issues bad rent checks, breeds rats and mice to drive out the other tenants, stages a fake fight with Modine to get him arrested and then kept away with a restraining order so that Keaton can try and kill Griffith while taking the building through legal action against the landlord.

I’ve evicted numerous tenants from hell.  Nearly all of them destroyed the home/apartment before they were evicted.   I recently evicted assholes renting beautiful homes in Turtle Ridge.  They drilled holes in the walls and filled the wall space with water as to claim “mold” injuries. Another just tore everything out of the house, after filing fake bankruptcies, etc.  I crushed them. But, the damage they did was real.

Poor Melanie Griffith.  She is an inexperienced and nice landlord about to be schooled by a professional tenant from hell, and risk losing her building to a Porsche driving “Carter Hayes,” who moved in with a bad check.  And that was just the beginning.

Tenants From Hell Warning Sign – They Are In A Hurry And Put Pressure Upon You To Move In

They are in a HURRY to move in.  There is some “emergency.”  They want you to bypass normal protocols – like waiting to see if the check actually clears.  They may even hand you a forged or fake money order or cashier’s check.  Once in – they are TENANTS.

More Tenants From Hell Warning Signs And Red Flags

  1. They fill out a rental application, but provide fake information and then “blind” you with a large deposit (that usually is backed by a worthless check).
  2. They will give you fake references and a fake landlord to “verify” their previous tenancy.
  3. They will show up nicely dressed and act like they have the pick of any apartment they want.
  4. THEY HAVE BAD CREDIT OR NO CREDIT HISTORY.  If a tenant has “bad” credit (e.g., below 700), then reject them, regardless of their story.  If they have no credit history, then, unless they are young adults, they are likely giving you a fake name.  Reject them too.
  5. They just opened a new bank account.  You can tell by looking at the check number.  Is it a low three digit (like “109”) or worse, a  two digit number?  This is not a full proof test, because they can request the bank to make the starting number a high one, just to lull you into sleep that they’ve had the account a long time.
  6. They ask for you to send them a lease to review – before you’ve approved them and checked out their financial history and references.  This scam entails you giving them a lease.  What they then do is sign it, forge your signature, break into the house after you have left, and then lie to the police and say that you signed a lease with them.  Most police will be wary about ejecting them as squatters with a copy of a “signed” lease.  This is the so-called “Gypsy” scam rampant on the east coast.
  7. Their previous “landlord” is really a family member.  They may say they’ve been living with in-laws, which is why they can’t list a “real” apartment building.
  8. They have no credit cards, and pay only in cash or money orders.
  9. They only lease their vehicles, are currently unemployed, or have almost no verifiable employment history at all.
  10. They must move in right away because they claim their kids are now in the wrong schools.
  11. They claim they don’t have a bank account.  People without bank accounts are weird.  How do you pay normal bills without a bank account?  Even the gas bill needs a check, right?  Those without bank accounts normally are barred from having them – due to bank fraud.

Tenants From Hell Screening Procedures – It Starts With Verifying Their Income, Credit, Savings And Eviction History.

Make them fill out a written application.

  1. Obtain a credit report – and charge them for it.  Tell them (in an application), that the $50 fee is non-refundable, and make them pay you with a separate check.  This will immediately alert you if they have a “new” checking account (or any bank account).  If they have no bank accounts, then it’s possible they cannot get one because of bank fraud from passing bad checks.  Tenants without bank accounts are highly suspicious – legitimate people need bank accounts.  I’d eliminate them from consideration.
  2. Make sure the application states that their filling out the application is NOT an approval of their tenancy, but a preliminary review of their qualifications.  Otherwise, they will lie and said you charged the $50 because you “approved” them.  They will then lie and say that they are moving in now because they already gave notice at their other place, and have nowhere to go.  Stand firm.  Keep it in writing.
  3. Require pay stubs and tax returns.  This will give you great information – and help you verify their previous addresses, their social security number, income, etc.  Tenants without pay stubs are eliminated.  Unemployed tenants are eliminated.  Write down all this information – it will come in handy when you obtain a judgment against them.
  4. Verify their job references.  Call the “boss,” and ask questions that only a boss would know.  Don’t just ask: “Does deadbeat work there at $35,000 per year?”  Instead, ask: “What is his pay?”  “Who is your supervisor?”  “What does he do?”  “How many employees at the company? “Who is the president?”  “What does your company do?”  Ask a bunch of questions.  The more information, the better.  A fake reference will only know the bare minimum – pay, job title, supervisor name.  A real boss will know a lot about the tenant.  Ask them to call you back and see if the caller ID shows it to be a business.
  5. Verify bank accounts.  Ask for bank statements. Don’t have any?  Eliminate them.
  6. Verify retirement accounts.  Don’t have any?  Why?  Nearly everyone has some form of retirement plan.  Unless a young adult, not having any form of retirement account makes me suspicious.
  7. Verify cars.  Leased?  Junk cars?  Most people with money do not drive junk cars.  People without money are high risk tenants.  Remember, you are running a business, not a charity.
  8. Verify previous addresses.  Call the landlords.  Ask specific questions.  This is not a formality.  You could be talking to the tenant from hell’s best friend, and not a real property manager.  Ask for their address.  Ask for their fax number (a good way to catch a fake reference).  Ask them to describe who lived there, the name of the complex, what is across the street from the complex, the amount of the rent, etc.  Fake references will get caught in not knowing small details.
  9. Verify income.  A good rule of thumb – rent shouldn’t be more than 33% of their gross pay.  So, make them prove up their income, and then see if the property is affordable.  Tenants from hell will move into very nice homes, because they have no intention of paying for the rent anyway.  If the rent is $1,500 per month, they better be making $4,500 per month or more.
  10. Check court records.  In Orange County, for example, you can run their names on Case searches, to see if they’ve been sued.   http://www.occourts.org/online-services/case-access/
  11. Run a full background check, which includes court filings against them.  You never know what could turn up.
  12. Check criminal records.  Do you want to rent to a sex offender?  A full criminal records search will be necessary.  Unfortunately, criminal records after seven years do not show up on credit reports.  Go to the FBI sex offender registry, and enter the names of the applicants.  http://www.fbi.gov/scams-safety/registry
  13. Still with me?  If you feel they have passed the screening, California allows you to charge up to 2X the rent as a deposit.  Do not let the deposit be used as last months rent.
  14. If they are late, hit them with a 3-day eviction notice.  Set the rules.  Tell them you evict late paying tenants.  If your lease gives them a grace period (and California law doesn’t require it), make it short, like two days.  Remember, that you cannot evict during the grace period.  And, if the last day of the grace period ends on a weekend or national holiday, it is advanced to the next day.  So, keep the grace period really short.
  15. Do not charge more than 5% as a late fee.  Going beyond that could be construed as an unenforceable penalty.
  16. Do not include late fees in your 3-day notices.  Instead, issue a 3-day notice just for the rent. Issue a separate 3-day notice for the late fees.
  17. Make them do a walk-thru before moving in and before handing them the keys.  Get a written description of the property, and a check list showing how everything is in working order.  Take pictures.  Make them sign a “Mold Addendum” to protect you if they make the house moldy, and then try to sue you for fake mold injuries.  Courts like signed walk-thru forms.  Damage that the tenants caused is their fault, not yours.
  18. Do periodic inspections.  Take a check sheet with you.  If you find damage, make them fix it immediately, or send them a 3-day notice.

Finally, the above is not a guarantee, but it is a great way to protect yourself.  The following is not legal advice but given for informational purposes.  The reader of this information assumes all risk.

Patrick J. D’Arcy – Expertise in Real Estate Law and Real Estate Expert Witness

Patrick J. D’Arcy, an Irvine, California attorney, has substantial real estate  transactional experience, including representing owners of commercial shopping centers, developers, property managers and landlords.  Patrick J. D’Arcy has significant real estate litigation experience too, including representing lenders, owners and real estate brokers, as well as a myriad of real estate properties, from estate homes, shopping malls, airports and Wall Street investment portfolios.  Recently, Patrick J. D’Arcy obtained a full dismissal of a real estate lawsuit involving Burger King CEO’s in federal court, and wiped out a $450,000 damage claim – just on the pleadings.   The federal judge agreed with Mr. D’Arcy’s defenses, and issued a 20 page opinion dismissing the case completely.

Pat’s career in real estate includes many notable landmark properties: the $229 million title insurance policy issued on the Sherman Oaks Galleria in 1989, a $500 million hospital merger, the $2 billion Unocal-Tosco merger of Unocal oil fields, the $500 million merger of Macy’s, Wall Street portfolios of more than $1 billion, the airspace rights for a hotel, assisting the Burbank Airport to condemn land for airport expansion, the sale of the Bullocks Wilshire building to Southwestern Law School, the $90 million transfer of the Wells Fargo building in downtown Los Angeles, the sale of California Plaza, the sale and merger of Harvard and Westlake High Schools into “Harvard-Westlake,” the transfer of the former estate of Judy Garland in Malibu, and the sale and transfer of many properties owned by celebrities, including Paul Allen of Microsoft, John Landis, Steve Martin, Corbin Bernsen, Larry Hagman, Dolph Lundgren, Kenny Loggins, Eric Dickerson (of the Rams), Vidal Sassoon, and many others.

Pat has also drafted many types of real estate contracts, including mergers of businesses, buy-sell agreements, and corporate minutes, bylaws and other matters.

Patrick J. D’Arcy is an expert witness for real estate matters involving BRE licensed salespersons/brokers and title insurance.  Pat has a broker’s license, and was the original pioneer of the controlled-business relationships between title companies and mortgage companies (related to RESPA), and set up and managed these companies in various states, including Ohio, Minnesota, California, Texas and others. Pat created these companies for public companies such as First American, Weyerhauser, Centex and E-Loan.   The largest, in Texas, was projected to do $10 million per year, which Pat formed with himself as the original employee.

Federal Court – In Published Opinion – Dismissed Entire Case Against Burger King Franchisee

Patrick J. D’Arcy, an Irvine, CA attorney, and his firm, Patrick J. D’Arcy, a Professional Law Corporation, obtained yet another impressive victory in a real estate lawsuit, where Mr. D’Arcy defended against a $450,000 damage claim.  The clients were by two former officers, including its past CEO, and their corporation – various Burger King franchises (REX Investment Company v. SME et al.), Case No. 15-cv-02607-H-JMA.  The plaintiff sued for breach of contract over the lease (and other claims).  The case is now a published federal opinion, making it binding authority in the Ninth Circuit.  Mr. D’Arcy not only got full dismissals of the individuals at the pleading stage, but did the same for the corporation on all but two claims against it.  Then, when the plaintiffs moved for summary judgment, Mr. D’Arcy used a rare procedure – a Rule 56 opposition that seeks to defeat the MSJ, as well as to dismiss the case.  Judge Marilyn Huff agreed with Mr. D’Arcy’s arguments and case law, and threw the case out.  No trial, no damages paid.

https://www.leagle.com/decision/infdco20160830966

Mr. D’Arcy refused all settlement offers, and filed a Rule 12(b)(6) challenge to dismiss the case.  Judge Marilyn Huff, in a 20 page opinion, agreed with Mr. D’Arcy’s arguments, and dismissed both former officers from the case, and eliminated four of the six claims against the lone corporate defendant claimed to be the lessee.

As for the two remaining claims, one is the alternate of the other, meaning only one claim remained after Mr. D’Arcy’s pleading challenges.

Mr. D’Arcy then opposed the landlord’s motion for summary judgment and not only defeated a motion with over 500 pages worth of exhibits, but had the Court dismiss the case against the plaintiff through an expertly written opposition!

The Court’s ruling was published and is now binding authority in the Ninth Circuit, and concerns California law dealing with tenant assignments of commercial leases.  The filings by the firm meticulously researched California law dating back to 1889, and stopped a damage claim for $450,000 in its tracks.  Had the Court not ruled as it did, the client would have been liable for the other side’s attorney’s fees too, making the total damage claim worth about $1 million.