Forums > Off-Topic Discussion > A Landlord's Dilemma

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

In short:  I have a few rental properties.  One of my favorites is an old Victorian triplex in a good neighborhood.  There is a cozy studio downstairs, a one-bedroom apartment in the back, and a two-bedroom apartment upstairs.  The property is in good shape (especially considering that it is ~120 years old).

It is managed by a property manager, so all my information is second hand.

The 2-bed tenant is a single (divorced?) father whose children often stay with him.  When there, the children are reportedly hellions, making noise at all times of the day & night.  The studio tenant has complained, and there has been a higher than normal turn-over in the 1-bed apartment.  We have talked to the 2-bed tenant on multiple occasions about the noise, and while he says the right things to our faces, the children remain very noisy when they stay there.  There are clauses in the lease that says that tenants need to be good neighbors and in particular that tenants need to keep the noise down.  I can speculate that like many parents from broken homes, it is difficult to be a disciplinarian -- I can imagine that the tenant doesn't want to confront or punish his children, fearing that they wouldn't want to visit.

Now, fair housing laws (and my personal stance) is that you can't discriminate against tenants who have children.  Indeed, I like the idea of parents and/or families renting my units.  However, the issue isn't the children; the issue is the noise.

On the other hand, the tenants of the studio knew about the children before they moved in.  The studio tenant had lived in the 1-bed unit for a while, left, and came back.  He should have known what to expect.  The current 1-bed tenant is fairly new, a grandmother who may be hard of hearing.  However, I reiterate that there has been much higher than usual turn-over in the 1-bed & studio units.  (1-bed & studio are still on lease; 2-bed is month-to-month).

Complicating factors:  the 2-bed rent is $300 below market; I would have no problem filling it if it became vacant.  There is also some projects I want to do to that unit when it is vacated (e.g. replace the windows with something a little more weather-tight).

So, what to do?
...  (I won't do this):  I could give the 2-bed tenant 30 days notice due to excessive noise.  I won't do this because he could turn around & claim that I'm kicking him out because he has kids (which is both illegal & not true).

...  I could give him 64 days notice to vacate.  I don't have to justify my decision, and he would have no recourse.

...  I could tell the tenants that they need to make peace with each other, but I feel that we've already done this, and we are still getting noise complaints.

So -- what do you recommend?

Mar 18 15 08:42 am Link

Photographer

Jerry Nemeth

Posts: 33355

Dearborn, Michigan, US

Document the noise.

Mar 18 15 08:49 am Link

Photographer

Evan Hiltunen

Posts: 4162

Minneapolis, Minnesota, US

Why not explain to the loud tenant that:

You would hate to do it, but you have no choice, you will have to remove him if he can't keep the noise under control.

Why should other people suffer because he chooses to be a lackadaisical parent?

This gives him the opportunity to actually take care of the problem, and stay, or take his problem to someone else's place.

Mar 18 15 08:49 am Link

Photographer

Brian Diaz

Posts: 65617

Danbury, Connecticut, US

Looknsee Photography wrote:
So -- what do you recommend?

I recommend telling the property management company to deal with it. wink

Mar 18 15 08:56 am Link

Model

Model MoRina

Posts: 6639

MacMurdo - permanent station of the US, Sector claimed by New Zealand, Antarctica

My observation: you are rewarding the worst tenant with under market rent and allowing him to break the rules even after being warned. Turnovers cost money as well, so you are paying twice for allowing the problem to continue.

I would give the required notice and let him take care of his issues somewhere else.

Mar 18 15 09:27 am Link

Model

Jules NYC

Posts: 21617

New York, New York, US

One place I rented in the past was going through a property sell unbeknownst to me.
After I settled in, the house was sold to a family that decided to have their 5 + kids and dual family live in downstairs.

It truly sucked listening to children screaming all the time. 
There couldn't be enough mental cherry-bombs for that one.

OP, sorry for your problem.  Lack of parenting 101.
Here's some comic relief ~

https://www.youtube.com/watch?v=iQgMXOW0FLU

Mar 18 15 09:34 am Link

Photographer

P O T T S

Posts: 5471

Lake City, Florida, US

What is noise?

Is it normal day to day life with kids or are they running up and down the stairs banging pots and pans together? The first thing you need to do is establish whether or not the complaint is a reasonable complaint. Do you have video to back up the excessive noise claim?

Mar 18 15 09:40 am Link

Photographer

Images by SeanK Photo

Posts: 465

Baltimore, Maryland, US

Looknsee Photography wrote:
In short:  I have a few rental properties.  One of my favorites is an old Victorian triplex in a good neighborhood.  There is a cozy studio downstairs, a one-bedroom apartment in the back, and a two-bedroom apartment upstairs.  The property is in good shape (especially considering that it is ~120 years old).

It is managed by a property manager, so all my information is second hand.

The 2-bed tenant is a single (divorced?) father whose children often stay with him.  When there, the children are reportedly hellions, making noise at all times of the day & night.  The studio tenant has complained, and there has been a higher than normal turn-over in the 1-bed apartment.  We have talked to the 2-bed tenant on multiple occasions about the noise, and while he says the right things to our faces, the children remain very noisy when they stay there.  There are clauses in the lease that says that tenants need to be good neighbors and in particular that tenants need to keep the noise down.  I can speculate that like many parents from broken homes, it is difficult to be a disciplinarian -- I can imagine that the tenant doesn't want to confront or punish his children, fearing that they wouldn't want to visit.

Now, fair housing laws (and my personal stance) is that you can't discriminate against tenants who have children.  Indeed, I like the idea of parents and/or families renting my units.  However, the issue isn't the children; the issue is the noise.

On the other hand, the tenants of the studio knew about the children before they moved in.  The studio tenant had lived in the 1-bed unit for a while, left, and came back.  He should have known what to expect.  The current 1-bed tenant is fairly new, a grandmother who may be hard of hearing.  However, I reiterate that there has been much higher than usual turn-over in the 1-bed & studio units.  (1-bed & studio are still on lease; 2-bed is month-to-month).

Complicating factors:  the 2-bed rent is $300 below market; I would have no problem filling it if it became vacant.  There is also some projects I want to do to that unit when it is vacated (e.g. replace the windows with something a little more weather-tight).

So, what to do?
...  (I won't do this):  I could give the 2-bed tenant 30 days notice due to excessive noise.  I won't do this because he could turn around & claim that I'm kicking him out because he has kids (which is both illegal & not true).

...  I could give him 64 days notice to vacate.  I don't have to justify my decision, and he would have no recourse.

...  I could tell the tenants that they need to make peace with each other, but I feel that we've already done this, and we are still getting noise complaints.

So -- what do you recommend?

Keep in mind that if you serve him with a notice, even the 64 day one, he can still "claim" whatever he wants...

But.....the onus is in HIM to prove he was discriminated against for his children...And that would be very hard to prove based upon that you allow them to be there...

You can't not rent to him because he has children.....That is discrimination....

Kicking him out because of the noise is not!

Put another way, what happens if he had a dog that barked all night? Would you toss him then?

Hell yes you would...No different then this expect its children and not an animal making the noise...

Noise is noise...In the eyes of the law it does not matter who or what is causing the noise....

My .02

Mar 18 15 09:43 am Link

Photographer

the lonely photographer

Posts: 2342

Beverly Hills, California, US

Your problem is a mosquito itch compared to the bullshit you'd have to deal with in Los Angeles and rent control units. Most brokers that are honest will steer you away from rent controlled properties. The biggest headache in the world.   Like a poster said. Let your management company deal with it or fire them...

Mar 18 15 09:49 am Link

Photographer

Loki Studio

Posts: 3523

Royal Oak, Michigan, US

A sound meter with a log will give you legal evidence of loud noise.

http://www.testequipmentdepot.com/extec … 407760.htm

Mar 18 15 09:50 am Link

Photographer

MN Photography

Posts: 1432

Chicago, Illinois, US

I worked for a real estate management company for a couple years.  We managed something like 90 units of all different sizes, so we had the kids vs single people thing going on all the time.

You should boot the tenant with the kids.  All kids make noise, but some clearly go over the line.  In these situations, tenants will just about always to go management before going to the police, but it's actually a good idea to get the police involved.  It will help make your case that the tenant is making more than an acceptable level of noise.

Mar 18 15 09:51 am Link

Artist/Painter

Hunter GWPB

Posts: 8188

King of Prussia, Pennsylvania, US

Can you get a meter to measure the noise in decibels, place the meter in another area of the house and record the meter with a security system?  Lots of trouble, I know.  But it gives you something quantifiable both in intensity and duration and relative to the time of day.  The video would also identify what the noise is. 

I assume the law requires 64 days.  You could extend that to 90.  A court would, probably, look on that favorably.

How is "noise" defined in the lease and is there a way to make it quantifiable?

Mar 18 15 09:52 am Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Looknsee Photography wrote:
So -- what do you recommend?

Brian Diaz wrote:
I recommend telling the property management company to deal with it. wink

I agree with Brian.

If you have a property management company, why are you even concerned with who is renting, the day to day problems or having to give someone notice to vacate?  Isn't that what you are paying them for?

Mar 18 15 09:57 am Link

Photographer

Cherrystone

Posts: 37171

Columbus, Ohio, US

Brian Diaz wrote:

I recommend telling the property management company to deal with it. wink

This. That's what you're paying them for.

Mar 18 15 10:08 am Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

Jerry Nemeth wrote:
Document the noise.

Already done, multiple instances.

Evan Hiltunen wrote:
You would hate to do it, but you have no choice, you will have to remove him if he can't keep the noise under control.

He thens runs to the lawyer who claims that I'm kicking him out because he has kids, which is illegal.  Lengthy & expensive lawsuit ensues, in which he claims that I am discriminating against him.

Brian Diaz wrote:
I recommend telling the property management company to deal with it. wink

They defer to me for major decisions.  I'm still liable for what they do.

MoRina wrote:
My observation: you are rewarding the worst tenant with under market rent and allowing him to break the rules even after being warned. Turnovers cost money as well, so you are paying twice for allowing the problem to continue.

Yeah, I'm leaning towards the 64-day notice without explanation option.

MN Photography wrote:
... but it's actually a good idea to get the police involved.  It will help make your case that the tenant is making more than an acceptable level of noise.

That's a good idea -- I'll ask the property manager about that.


Thanks for these thoughts, folks.  It is actually very helpful.

Mar 18 15 10:44 am Link

Photographer

Vintagevista

Posts: 11804

Sun City, California, US

Develop a log book for this process - dates - times - communications - when where what was said.

Everything in writing - return receipts/delivery conformations - in the log.

Cover your butt in case of future complications.

These so often devolve into "he said" - - "no I didn't"

A dedicated logbook from now until resolution, will save considerable headaches.

Mar 18 15 10:55 am Link

Photographer

GK photo

Posts: 31025

Laguna Beach, California, US

scratches head and wonders why op wouldn't take this concern to his legal counsel, rather than a modeling site.

Mar 18 15 10:56 am Link

Photographer

Motordrive Photography

Posts: 7087

Lodi, California, US

MoRina wrote:
My observation: you are rewarding the worst tenant with under market rent and allowing him to break the rules even after being warned. Turnovers cost money as well, so you are paying twice for allowing the problem to continue.

I would give the required notice and let him take care of his issues somewhere else.

+1
raise rent to market rate, then schedule remodel

Mar 18 15 11:01 am Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Brian Diaz wrote:
I recommend telling the property management company to deal with it. wink

Looknsee Photography wrote:
They defer to me for major decisions.  I'm still liable for what they do.

The property management company my family uses for our rental properties handles everything.  The have a very large insurance policy to cover any liability or litigation resulting from anything they do, including errors and omissions.  We still have our own liability policy just as we would if we were managing the property.

A good property management company does cost money, but in our case, we actually pocket more dollars now than we did back when we managed the properties ourselves.  The keep the properties rented at market value.  Vacancies are short.  Maintenance and repairs are less expensive because they have contractors they use and get a better rate than we ever did.

Mar 18 15 11:21 am Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

.

Mar 18 15 11:53 am Link

Photographer

SayCheeZ!

Posts: 20621

Las Vegas, Nevada, US

Brian Diaz wrote:
I recommend telling the property management company to deal with it. wink

Property managers often still need guidance as to what the property owner needs.
Major corporations have tons of managers, but there's always a president or CEO to tell them the proper measures to be taken to match the corporate needs.  It's the same with landlords and property managers.

Mar 18 15 12:08 pm Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Brian Diaz wrote:
I recommend telling the property management company to deal with it. wink

SayCheeZ!  wrote:
Property managers often still need guidance as to what the property owner needs.
Major corporations have tons of managers, but there's always a president or CEO to tell them the proper measures to be taken to match the corporate needs.  It's the same with landlords and property managers.

I suppose it depends on what the property management company has been contracted to do for the landlord.

Personally, I do not want the property management company calling me to ask what to do about a tenant who is making too much noise and disturbing other tenants.  That is why I contracted with a property management company, so I don't have to deal with that bullshit.  If I have to be involved in day to day operations, what are they doing for me?

Mar 18 15 12:55 pm Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

Brian Diaz wrote:
I recommend telling the property management company to deal with it. wink

SayCheeZ!  wrote:
Property managers often still need guidance as to what the property owner needs.
Major corporations have tons of managers, but there's always a president or CEO to tell them the proper measures to be taken to match the corporate needs.  It's the same with landlords and property managers.

ernst tischler wrote:
I suppose it depends on what the property management company has been contracted to do for the landlord.

Personally, I do not want the property management company calling me to ask what to do about a tenant who is making too much noise and disturbing other tenants.  That is why I contracted with a property management company, so I don't have to deal with that bullshit.  If I have to be involved in day to day operations, what are they doing for me?

Guys -- maybe I haven't been clear.  The property managers have done what I expect them to do -- they have gathered information from the other tenants and have discussed the situations with the 2-bed tenant on multiple occasions.  If that were enough, I would have been happy.

But now the property managers are reporting the their strong & clear warnings to the 2-bed tenant hasn't worked and it's time to consider more strident actions (e.g showing the 2-bed tenant the door).  Some thoughts:

...  Evicting or removing a tenant is not an action I want to delegate to the property manager.
...  Regardless of whatever insurance the property manager has, a disgruntled tenant can come after me.
...  The courts will agree with the tenant & come after me.
...  I sure as heck want to be consulted before the property managers expose me to significant risk.

Sure, the property managers represent me, but that's what they do, represent me.

Mar 18 15 01:43 pm Link

Model

Jules NYC

Posts: 21617

New York, New York, US

Looknsee Photography wrote:
Guys -- maybe I haven't been clear.  The property managers have done what I expect them to do -- they have gathered information from the other tenants and have discussed the situations with the 2-bed tenant on multiple occasions.  If that were enough, I would have been happy.

But now the property managers are reporting the their strong & clear warnings to the 2-bed tenant hasn't worked and it's time to consider more strident actions (e.g showing the 2-bed tenant the door).  Some thoughts:

...  Evicting or removing a tenant is not an action I want to delegate to the property manager.
...  Regardless of whatever insurance the property manager has, a disgruntled tenant can come after me.
...  The courts will agree with the tenant & come after me.
...  I sure as heck want to be consulted before the property managers expose me to significant risk.

Sure, the property managers represent me, but that's what they do, represent me.

Why are you sure a judge will side with the tenant/s?

If there is documentation from the Property Management to the tenant/s about the noise on multiple occasions (proof to resolve) then why is it automatically a discrimination case?

... and what about the lease?  Isn't there some provision about general maintenance... NOISE, rules of conduct, etc.?

Mar 18 15 01:53 pm Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

Jules NYC wrote:
Why are you sure a judge will side with the tenant/s?

If there is documentation from the Property Management to the tenant/s about the noise on multiple occasions (proof to resolve) then why is it automatically a discrimination case?

... and what about the lease?  Isn't there some provision about general maintenance... NOISE, rules of conduct, etc.?

1)  It doesn't matter who is right -- there's nothing stopping the evicted tenant from making a fuss, which will cause delays & legal fees.  I say "noise"; he says "landlord doesn't like children".

2)  Landlord - tenant law tends to favor the tenant, and so do many judges.

3)  Documentation of complaints may or may not be sufficient to sway the judge.  If it comes down to our word against his (2-bed tenant), the judge might choose to lean in favor of the tenant.

4)  Yes, of course there are provisions in the lease that indicate that the tenants need to be good neighbors and must maintain the peace.

People:  Evicting the 2-bed tenant is not an option.  My choices are the 64 day "for no reason" or do nothing.

Mar 18 15 02:53 pm Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Looknsee Photography wrote:
1)  It doesn't matter who is right -- there's nothing stopping the evicted tenant from making a fuss, which will cause delays & legal fees.  I say "noise"; he says "landlord doesn't like children".

2)  Landlord - tenant law tends to favor the tenant, and so do many judges.

3)  Documentation of complaints may or may not be sufficient to sway the judge.  If it comes down to our word against his (2-bed tenant), the judge might choose to lean in favor of the tenant.

4)  Yes, of course there are provisions in the lease that indicate that the tenants need to be good neighbors and must maintain the peace.

People:  Evicting the 2-bed tenant is not an option.  My choices are the 64 day "for no reason" or do nothing.

I say go with the 64 "for no reason" and then be damn sure that you and the property manager do NOT say anything to the tenant that would indicate or make it appear there is a reason (noise) that can be used against you if the tenant decides to challenge your "for no reason" on the grounds you (or the property manager) said something about there being a reason.

Also, in regards to an earlier reply, I hope your property manager has insurance that covers YOU as well as them if a claim is ever made due to an action, inaction, error or omission of the property manager.  This is where your protection comes in when using a property manager and contracting all the day to day operational duties with the property manager.  If the property manager does something that causes you to be sued, their insurance should pay YOUR attorney fees and any judgments against you up to the maximum of the policy.  You might want to check on that...and it could vary from state to state.

Mar 18 15 03:10 pm Link

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

Looknsee Photography wrote:
1) 

People:  Evicting the 2-bed tenant is not an option.  My choices are the 64 day "for no reason" or do nothing.

I'm not so sure that's true. If one tenant is bothering others, the other tenants can call the police. Leaves you free and clear.

Mar 18 15 03:34 pm Link

Photographer

Jerry Nemeth

Posts: 33355

Dearborn, Michigan, US

Lohkee wrote:

I'm not so sure that's true. If one tenant is bothering others, the other tenants can call the police. Leaves you free and clear.

That will put the noise disturbance on record.

Mar 18 15 03:36 pm Link

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

Jerry Nemeth wrote:
That will put the noise disturbance on record.

And, if the police are called often enough, the bad tenant might just self-evict.

Mar 18 15 03:40 pm Link

Photographer

Ralph Easy

Posts: 6426

Sydney, New South Wales, Australia

Get a new rental property manager.

Part of their fee is to provide you the convenience of you not being greatly involved in the nasty proceedings.

.

Mar 18 15 04:14 pm Link

Photographer

matt-h2

Posts: 876

Oakland, California, US

Looknsee Photography wrote:

That's a good idea -- I'll ask the property manager about that.

Thanks for these thoughts, folks.  It is actually very helpful.

I can't imagine that this is a police issue. It's not like a loud party, or potential domestic violence. Unless there are unusual laws on the books in Portland (and the police are given the power to enforce those laws), it seems to me that this would at most be a civil/administrative or (most likely) contract issue, as you have shown. I think bringing the cops in makes it needlessly ugly.

Mar 18 15 04:22 pm Link

Photographer

Zack Zoll

Posts: 6895

Glens Falls, New York, US

Hunter  GWPB wrote:
Can you get a meter to measure the noise in decibels, place the meter in another area of the house and record the meter with a security system?  Lots of trouble, I know.  But it gives you something quantifiable both in intensity and duration and relative to the time of day.  The video would also identify what the noise is. 

I assume the law requires 64 days.  You could extend that to 90.  A court would, probably, look on that favorably.

How is "noise" defined in the lease and is there a way to make it quantifiable?

That was my first thought ... But if you put it in a public hallway, then there's all sorts of questions about what the other tenants can and cannot hear, and then it becomes a he said/she said thing.

Couldn't you just give the video camera to your tenant that is complaining about the noise? Just tell them to go about their business normally, and if the noise from the other room is louder than, say, the complaining tenant's TV, then turn on the camera for a while.

Not only would that establish that they can indeed be heard in the other apartment, but the TV would provide a reference as to how loud it really is. You're not recording without permission - the tenant is doing the recording himself, in his own apartment. And most importantly, it would let that other tenant know that you're taking his complaints seriously, and actively trying to do something about it.

I can only speak for my own rental experience, but knowing that the landlord is on my side, and looking out for me is the most important thing for me. I've passed up on moving to larger or cheaper places in the same area, simply because I had a landlord that was attentive to my needs and kept everything in good running order. I don't know what it's like in Oregon, but that's pretty rare here. Around here, it's worth "overpaying" if the landlord is going to replace the hot water heater the day it breaks, or the like.

At my last place I was the loud one - hardwood floors upstairs will do that. They solved the problem overnight by giving me a rug for the hallway, and telling me to only play guitar in the room with carpeting. Everybody was happy.

Mar 18 15 04:27 pm Link

Photographer

Rob Photosby

Posts: 4810

Brisbane, Queensland, Australia

What is stopping you from raising the rent to market rate?  That alone might cause your tenant to reconsider where he lives.

Many construction projects and redevelopments require noise levels to be assessed to ensure that no noise nuisance is created and there are firms that specialise in measuring noise levels.  They are also accustomed to writing reports for courts to establish whether or not  a nuisance exists.  Such a report should make your case bullet-proof.

Mar 18 15 04:46 pm Link

Photographer

Lightcraft Studio

Posts: 13682

Las Vegas, Nevada, US

Looknsee Photography wrote:
People:  Evicting the 2-bed tenant is not an option.  My choices are the 64 day "for no reason" or do nothing.

The 64 day notice is the best option, given that they were not able to abide by the terms of the lease (quiet enjoyment).

But, you may still have to evict if they choose to stay after the 64 days are up.... which is a distinct possibility.

Mar 18 15 10:11 pm Link

Photographer

Farenell Photography

Posts: 18832

Albany, New York, US

Jerry Nemeth wrote:
Document the noise.

On top of that, it wouldn't hurt to get something official through a 3rd party & having more credibility. I'm thinking having the complainers make a noise complaint through the local PD.

Mar 19 15 06:48 am Link

Photographer

FlirtynFun Photography

Posts: 13926

Houston, Texas, US

1. Don't just "talk to him". Send him a certified letter stating that you have talked to him x number of times verbally to resolve this and that this is a written notice of his last chance to resolve the matter. State that he has "x amount of time to solve the noise issue or you'll be forced to terminate his lease".

If he attempts to comply...then work with him. Also, as far as "noise"...kids are noisy...but I'd rather have the noise of children playing around my house than that of loud parties/drunken behavior etc. Maybe it's not him so much as it is the other tenants who have unrealistic expectations?

Mar 19 15 10:00 am Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

I spoke to my property manager this morning and asked what their procedure was for this type situation, this is what he said...

Each tenant has rights under law, as a tenant, to peaceable possession of the property they are leasing, so any breech of that peace by a third party (a neighbor) should be handled by the police.  He says it does not matter if the neighbor leases from the same property owner as the complainant, the matter should be handled by the police.  If a tenant calls the management company and complains of noise from a neighbor, they are instructed to report it to the police.

He says most of the time, one police report will remedy the problem.  However, on the third incident that is reported to the police, the property management company will give the offending tenant notice of violation of the terms of the lease and demand they vacate.  There is a clear clause in the lease about loud noise and the three police reports will be used as evidence if a court proceeding is necessary.

Mar 19 15 10:12 am Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

FlirtynFun Photography wrote:
If he attempts to comply...then work with him. Also, as far as "noise"...kids are noisy...but I'd rather have the noise of children playing around my house than that of loud parties/drunken behavior etc. Maybe it's not him so much as it is the other tenants who have unrealistic expectations?

Except when they are running around at 6:30am on Saturday & Sunday morning, slamming doors, running up & down stairs, stomping on the ceiling, and so forth.  Maybe that will test your patience?



In any case, I've found out some more information:
...  The kids are about 8 or 10 now.
...  There was only one official complaint letter given to him three years ago.
...  The studio tenant instigated the 2012 complaint, moved out, and moved back in 6-7 months ago.
...  The studio tenant must have known what he was getting into when you moved back in.
...  The 1-bed tenant is hard of hearing & not really below the 2-bed unit.  It isn't his nature to complain.

My decision:  I've asked the property manager to issue him another strongly (and carefully) worded letter, warning him about the noise complaint.  We'll take it from there.  I like having long term tenants, and the 2-bed guy has been with me for 4+ years.

Mar 19 15 10:35 am Link

Photographer

Click Hamilton

Posts: 36555

San Diego, California, US

Brian Diaz wrote:
I recommend telling the property management company to deal with it. wink

Cherrystone wrote:
This. That's what you're paying them for.

I like this answer. If the management company can't manage, then you are wasting a portion of your money with them too.

Managing your management company for the commissions you pay them is another kind of burden that falls on you.

---

Back to solving the problem:

If it's a month-to-month contract, give him a formal 60 day notice on the last day of this month. You do not have to give a reason.

Do this after you collect his rent for the month to come. It will probably be the last rent you collect from him.

If it's a one-year contract ending in less than 6 months, give him a 60 day notice two months before the contract is over. You do not have to renew and you do not have to give a reason.

If the tenant contests your 60 day notice, stalls or does not otherwise cooperate, I would start the eviction process one day after the 60 day notice by turning the eviction over to an independent eviction company and I would remove myself from the eviction process. Have this organized and ready to go in advance of that day.

Sadly, many tenants have learned to drag their feet and wait for several more weeks into the eviction process timeline until they are faced with the day of eminent physical removal by the Sheriff. It's too bad, but lots of people have this mentality now. Honoring agreements is not high on their list of priorities and whining about being the victim of a landlord who is being a jerk is what commonly takes it's place.

60 days is more than generous for a tenant who you have warned multiple times and are trying to help reasonably, and who does nothing to help you solve the problems he is making for you. He is a public nuisance to your other tenants and he is disrupting your business. He does not respect you or your efforts to help him. He is interfering with your responsibility of managing your property for the benefit of everyone. 

Get rid of him and his kids, clean up your property so it shows well and rent it back out at current market rates.

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What is a 64 day notice? What's the purpose of the extra 4 days?

Has the traditional 60 day notice for California been changed?

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PS, kids who can't be controlled who live at your property on a regular basis and who are not on the contract increase your legal liability and open other issues that complicate the management of your property.

Your tenant is abusing you and violating your agreement. You are the giver and he's the taker. Don't enable him further because it will only encourage more of the same behavior.

I'm pretty sure he doesn't thank you for renting the unit to him for $3600/year less than you can get from someone else, and even if he acknowledges this, he probably thinks it's the least you can do for being such a great tenant who has already paid you a ton of money.

Don't expect your tenant to manage this situation for you.

Mar 19 15 11:26 am Link

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Lohkee

Posts: 14028

Maricopa, Arizona, US

I dunno Mr. Hamilton. Maybe they use a different calendar up in OR?  Honestly, I'm not the sharpest tool in the shed, but I'm still trying to understand the issue here?

...  There was only one official complaint letter given to him three years ago.

Doesn't exactly sound like the tenant from hell as it were.

Mar 19 15 11:50 am Link