Eviction Friction

Dan Lovegrove doesn’t strike people as a troublemaker. The native Englishman has a lilting British accent, two punk rock cats named Sid and Nancy, and a love for plants. The plants are his signature statement, and his second-floor apartment balcony is covered with them. Ficus plants are a particular favorite. Leafy, green, overflowing blooms of all kinds burst out of pots and droop lazily over the railing. A variety of cacti litter the base of the small balcony. It almost appears as if a mini rain forest sprouted in the middle of Lovegrove’s apartment complex at 1920 West Alabama.

“I think it looks great, and I’ve never had anyone come around here and tell me it looks like trash,” says Lovegrove.

At least, not until management at the apartments, where Lovegrove has lived for almost nine years, posted a notice on June 15 for him to vacate the apartment within a month.

The notice, a prelude to eviction action, stated its first reason to leave the premises: excessive plants.

“Excessive plants?” Lovegrove asks. “That balcony is a selling feature.”
Lovegrove isn’t the only one who’s angry. By his estimate and those of other tenants, 13 residents in the 49-unit complex received vacate notices the same day. One of them was targeted for flying the American flag on Flag Day.

Many have lived in the complex for several years, and most were cited for infractions such as excessive plants or “alteration of premises.” In Lovegrove’s case, the only alteration he can think of is the small shelf he added onto his balcony to hold more plants.

“It’s not right,” says Lovegrove. “Everyone’s up in arms and [has] gotten depressed about it.”

The complex is a quiet, friendly place, with a history of keeping tenants for several years. Rents are moderate, with a two-bedroom apartment typically going for about $500. A pool sits in the center of the property, surrounded by a few patches of greenery Lovegrove planted to jazz up the common area.

“You know who’s coming in and who’s coming out and who’s new,” says Lee Lopez, who lives in the apartment beneath Lovegrove’s. “Everyone’s real friendly. Some people might go get a beer after work.”

Lopez, who has lived in the complex for almost five years, was cited for excessive plants and for keeping pets, which is prohibited by the management company. Her pet? A small finch named Birdie that is only a few inches long and stays in its cage most of the time. Lopez, who has owned Birdie for two years, says management accepted the “pet” for years.

“I’ve never had any problems,” says Lopez. “Management has always been very lax, and there hasn’t been a hassle about things.”

This “look the other way” management attitude caused some of the current confusion. The lease restricts plants, forbids animals and prohibits a host of bad behaviors. But for many years some of the terms were rarely heeded by tenants and managers.

“When I first moved in here, the building manager said, ‘There are more cats than people,’ ” says Gail Brothers Braun, a clinical psychologist who became a tenant 11 years ago while in grad school. “There was a long history of tolerance.” Braun’s notice to vacate cites violations for having a cat, excessive plants — and for anchoring the small American flag outside her front door for Flag Day.

“People get evicted for having wild parties and not paying their rent on time,” says Braun. “Not for having a flag in a little plastic holder and having plants. It was very hardhanded.”

Tenants say it was not until earlier this month that management finally acted to clarify lease terms in a memo to residents. It stated that, among other restrictions, no more than four plants would be allowed. They must be kept in pots and be of “nice quality,” the memo said.

While tenants are legally bound to obey lease provisions, the long-standing lax management approach to enforcement could provide a defense.

“If you have rules that you are expected to abide by and a rule is ignored, it may be figured that the landlord has acquiesced to that behavior; he’s given consent,” says Helen Jenkins, a professor at South Texas College of Law who specializes in tenant/ landlord relations.

Braun speculates that the owner, Houston Housing Associates, and the management company, H-S Texas Realty, might be trying to push out older tenants, refurbish the apartments and bring in new renters at a higher price.

Management did not speak to the Press, but Travis Crowder, a lawyer who represents the complex, denies any sinister motives. While he says he was not familiar with specific management actions against tenants, he says the vacate notices are simply requests that tenants fix problems to comply with their leases.

“They don’t want anybody to leave, and that’s certainly not the intention,” says Crowder. The tightening of restrictions began when workers had trouble maneuvering around the excessive plants, Crowder says. He maintains that balconies are deteriorating from water overflow from the plants. However, Lopez says she has seen no water damage from Lovegrove’s unit upstairs. And there was no sign of deterioration noticed during a recent visit to his balcony.

“There was just a realization of how bad the problems had become,” says Crowder.

Some tenants, such as Lovegrove, say they refuse to give up their pets and will have to move within four weeks. Rather than leave, Lopez has sent Birdie to live with her boyfriend, and Braun has removed some of her plants. Crowder says most tenants in violation are agreeing to comply.

H-S Texas Realty is associated with the real estate company Helmsley-Spear of Texas, Inc., and the “Helmsley” is none other than Leona. The New York hotel queen was convicted of tax evasion in 1989 and has a reputation of being a little too adamant and dictatorial about how her properties are run.

Dubbed by some members of the media as “The Queen of Mean,” she once remarked, “Only the little people pay taxes.”

Perhaps she should have added that only the little people plant ficus.