Noise complaint by tenants in multifamily

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Noise complaint by tenants in multifamily

Kajal Aggarwal
Investor · Walnut Creek CA · Member since 2017 · 37 posts · 6 votes

Hi, I know this is a common problem in multifamily but I honestly don't know how to handle this since I'm not at the property myself and the situation escalated where the police has been involved. 

Unit 1 is vacant and Tenants 2 and 3 are complaining about the noise of Tenant 4. Tenants 2 and 3 are both good, long term tenants who pay their rent on time and take care of the property. Tenant 4 has been here since a year. Tenant 2 has spoken with Tenant 4 multiple times about the problem as they share a wall upstairs. Tenant 4 are college students and they have guests until late night and that is the source of the noise. Tenant 3 is downstairs and affected as Tenant 4 guests go up and down the stairs. Tenant 4 is not ignoring the complaints and try to pay more attention for 2 weeks and the pattern repeats. I have reminded them about quiet hours portion of the lease. 

We get complaints from tenants 2 and 3 atleast once a month and last night they called police. This morning tenant 4 sent a mail about this and says they have not been loud and are being targeted for any small thing. Later in the day tenant 2 also sent a mail asking for a resolution.

I don't see how I can take action against one tenant based just on the word of other tenants, even if I believe the complaint is most likely valid. I asked for a meeting with all 3 tenants to resolve the issue but tenants 2 and 3 refuse to attend as they don't want to be confrontational and that they had bad experience talking to them before. 

Tenant 4 lease ends in July. Should I still talk to tenant 4 and give them a notice or should I just throw up my hands and tell them to work it out? Any ideas?

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y

Contact the offending tenant with a written warning to keep the noise down during quiet hours (10pm - 7am). Tell them this is the final warning and another offense will result in termination. Then enforce it.

In the future, you should always warn new applicants/tenants about how the noise travels and the importance of respecting neighbors. Include posted notices in common areas as a reminder of quiet hours.

In the meantime, enjoy this:

The DIY Landlord Book4.7247 Reviews
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  • Andrew HoganPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2016 · 560 posts · 463 votes
    4y

    Would "Tenant 4" still be a problem if they moved to Unit 1?

    also, what if you gave them a notice of a $200/mo rent increase upon renewal?

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  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    4y

    You have two long term tenants with repeated complaints about another tenant. It's February. July is still a long way off.  Send tenant 4 your state's version of a notice to cure to start the official process for getting rid of them if they don't straighten up and fly right or your going to lose your good tenants for a bad tenant. Sometimes an 'official' action will fix the problem when a polite request won't. You might also offer to let tenant 4 out of their lease to get rid of them.

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  • Kajal Aggarwal
    OP
    Investor · Walnut Creek CA · Member since 2017 · 37 posts · 6 votes
    4y
    Quote from @Andrew Hogan:

    Would "Tenant 4" still be a problem if they moved to Unit 1?

    also, what if you gave them a notice of a $200/mo rent increase upon renewal?

    We just rented out unit 1. So that is not an option. The lease renewal will be in July.
    0Reply
  • Kajal Aggarwal
    OP
    Investor · Walnut Creek CA · Member since 2017 · 37 posts · 6 votes
    4y
    Quote from @Jill F.:

    You have two long term tenants with repeated complaints about another tenant. It's February. July is still a long way off.  Send tenant 4 your state's version of a notice to cure to start the official process for getting rid of them if they don't straighten up and fly right or your going to lose your good tenants for a bad tenant. Sometimes an 'official' action will fix the problem when a polite request won't. You might also offer to let tenant 4 out of their lease to get rid of them.

    Thank you for the reply. Tenant 4 says they love the place and want to stay. We might have to talk to them and tell about vacating without 2 month notice
    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    Contact the offending tenant with a written warning to keep the noise down during quiet hours (10pm - 7am). Tell them this is the final warning and another offense will result in termination. Then enforce it.

    In the future, you should always warn new applicants/tenants about how the noise travels and the importance of respecting neighbors. Include posted notices in common areas as a reminder of quiet hours.

    In the meantime, enjoy this:

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    2Reply
  • Quincy Lockett
    South Holland, IL · Member since 2017 · 376 posts · 432 votes
    4y

    @Kajal Aggarwal

    I talk to the “offending” tenant ONCE about the complaint. Typically they say the complaint is unfounded and they go on to lodge a complaint about the original complainer. I then suggest they respect the quiet hours anyway. Then I confront the original complainer about the “offending” tenant’s concerns which are also denied. Ultimately, I tell the original complainer that a violation of the city noise ordinance is a police matter and that the next time there is a violation “Call the police.” I can’t get in between them, I can’t prove it and even if I could, You can’t make a tenant respect quiet hours. But I would also not renew the “offender’s” lease: You don’t want to lose great tenants.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Kajal Aggarwal in addition to what others have said I would add that if there are things that you can do to improve the noise transmission consider doing those.   If the stairs are interior wood consider carpeting them. If door slamming is an issue consider a door closer to provide a controlled close.  If walking noise is the issue require a certain amount of carpeted area.  Good luck. doesn't sound like a good tenant mix

    1Reply
  • John Bartlett
    Member since 2021 · 62 posts · 46 votes
    4y

    @Kajal Aggarwal I would give #4 notice of non-renewal. I would also I from them they can move out early, and give them formal notice as stated earlier.

    If they are guilty or not, I would not jeopardize the income from the other two units for this one.

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  • Chad HalePro Member
    Property Manager / Investor · San Jose, CA · Member since 2013 · 780 posts · 301 votes
    4y

    @Kajal Aggarwal  Lots of great advice above.

    Send out a notice to all tenants reminding them of quiet hours (hopefully, you have this spelled out in your lease).

    Send a 3-day notice to tenant 4 to comply or quit.

    What has been the previous history of unit 4 with 2 &3?  Sounds like no issues.  Are units 2&3 willing to make their complaints in writing and call the police for the disturbances?  You may need that paper trail.

    As others said, likely best to non-renew #4 and possibly offer an early out.

    0Reply
  • Kajal Aggarwal
    OP
    Investor · Walnut Creek CA · Member since 2017 · 37 posts · 6 votes
    4y

    Thank you all for the great suggestions.

    The other tenants already called the police. Tenat #4 keeps denying making noise but we keep getting complaints. 

    0Reply
  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    4y

    I had a similar issue with two duplexes next door to each other (I own both).  Both tenants in one duplex complained about noise from the other one.  But the complainers were also both high maintenance tenants, that I wasn't sure I believed that it was as bad as they claimed.  Both sets of complainers also refused to call the police and I know one of them also never bothered talking to the other tenants.  I have a lot less sympathy in those circumstances.

    I did post a Cure or Quit notice on the other two doors.  But I also warned the complainers that there is no way I would go to eviction court, unless I had proof that the other tenants had violated that Cure or Quit notice.  That proof would be date/time stamped video or audio recordings.  Or police reports.  Because I can't go to eviction court based on hearsay from other tenants.

    Main Complainer sent me a video where a Duplex #2 tenant was speaking outside on their phone, I assume in a normal voice, at 7:30pm.  I couldn't hear the sound of the woman talking, only that she didn't appear to be angry.  Are you kidding me?  This tenant had previously always complained about screaming arguments outside.  But then that was the "smoking gun" the video/audio she sends me.  Right.  I politely told her this didn't violate the Cure or Quit notice.  People are allowed to have normal noise level conversations when they are outside.  But I encouraged her to send me other videos when there was loud noise, whether screaming voices or loud music.

    Never got another video/audio from either tenant and about the other duplex and they also both stopped bugging me about it.

    Ironically, I did get an audio recording from Complainer #2 about Main Complainer, she lived in the same duplex as.  Main Complainer (MC) was screaming at the top of her lungs, because Complainer #2 had closed her door too hard.  The recording was only a few minutes long but the tenant who sent it said MC had been going on like that for over an hour.  It was just funny that MC ranted on all the time about how rude and loud everyone else was, but she turned out to be the biggest problem there for upsetting the other residents.

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