Unless your rental property is in isolation from neighbors, chances are, you will receive complaints from your tenant that they are experiencing problems with a neighbor. When that happens, what can a landlord do?
This kind of question was posted recently by a landlord in a popular online landlord and investor forum. This landlord, who manages his rental properties, asked:
One my tenant is complaining about another tenant bullying them. Some examples are they are driving too fast, setting up cameras, telling them what to do, etc. How do you usually handle disputes like this with tenants?
To know how to address this matter, the landlord must ask some questions.
First, do you manage the rental unit that the alleged problem tenant resides in? The answer will determine much of what you may or may not do when a neighbor is troubling your tenant.
When Landlord Does Not Own the Neighboring Property at Issue
If the landlord does not own the neighboring property, there is little he can do to control or enforce the behavior of the problem neighbor. However, the landlord may be able to take some action if the problem neighbor is violating the law, ordinance, or a homeowner association (HOA) rule.
If the problem neighbor’s action is a violation of the law, and the tenant is a victim of that action, the landlord should inform the tenant that he should contact police authorities about the alleged acts of the neighbor. If the problem neighbor’s action is a violation of the law, and the landlord’s property is damaged or threatened to be damaged, the landlord may contact the proper police authorities about the violation. Police may investigate and potentially bring criminal charges against the neighbor for the criminal violation.
If the problem neighbor’s action is a violation of a local ordinance (e.g. code violation), the landlord may notify code enforcement of the violation. Code enforcement may investigate and issue violation notices to the owner of that property.
If the action is a violation of a HOA rule, the landlord should notify the HOA authority about the violation. From there, the HOA may notify the owner of the neighboring property of the violation according to the HOA bylaws and rules.
As for any of the above-mentioned violations, the landlord should obtain the necessary evidence to prove the allegation reported to the proper authority. If the landlord is not able to be present to gather evidence of the matter, the landlord may request the tenant to provide the landlord with needed evidence, such as photographs or video footage of the violations.
When the Landlord Owns the Neighboring Property at Issue
When Landlord owns the neighboring property at issue and is managing that tenancy, the Landlord has authority to enforce the neighbor tenant’s obligations. Thus, the landlord must determine if the problem tenant’s actions are a violation of the law or the lease agreement.
If the tenant is in violation of the lease agreement or applicable state or local laws, the landlord can take action to enforce the tenant’s obligations based on whether the violation is a curable or non-curable violation.
Curable violations require the landlord to deliver at least 7 days’ written notice specifying the violation and giving the tenant 7 days to cure. Of course, before the landlord delivers the notice, the landlord needs to exercise due diligence to gather evidence needed to prove that the tenant is in violation.
If the tenant’s actions are a violation of the lease agreement, the landlord should consider the severity of the violation. Sometimes, it is prudent to try to resolve conflicts with neighboring tenants amicably if the violation is minor and isolated in occurrence.
If the violation is more than minor or is repetitive, the landlord should enforce the neighbor tenant’s obligations, because failing to enforce the tenant’s obligations could result in the landlord’s waiver of enforcing the tenant’s obligation for the particular violation and also may give the victim tenant cause of action for constructive eviction or breach of contract against the landlord, assuming the problem tenant’s actions are repetitive or serious enough.
Non-curable violations also require the landlord to deliver at least 7 days’ written notice specifying the violation and termination of the lease. The rules that apply to preparing and delivering a notice to terminate (non-curable violation) are essentially the same as the notice to cure, so be sure that the notice meets those legal requirements.
In conclusion, the landlord’s ability to remedy a reported problem neighbor depends on whether the landlord owns the neighbor property or not and whether the problem tenant’s actions violate the lease agreement or applicable law. Landlords also need to investigate the credibility of the reporting tenant’s allegations.
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