New Landlord & Neighbors from Hell: Please advise

New Landlord & Neighbors from Hell: Please advise

Real Estate Investor · Orlando, FL · Member since 2014 · 30 posts · 6 votes

Hello BP,

TLDR: Unreasonable neighbors are harassing my tenants to the point where they no longer feel comfortable living there. They are trying to break our lease agreement because of this. Due to HOA regulations, doing so would cost me about $10k, as I would not be able to rent the unit again for about 9 months, and the rental income is paying my mother's mortgage.

I have recently acquired a rental through creatively financing my mother's bad situation.

The property:
My grandfather who was also living in the 2nd floor unit with my mom, and mentally ill brother, was entering hospice care at the time, and could no longer walk up/down the stairs. I agreed to pay my mom's down payment, and service her mortgage for a new home, in exchange for taking over the condo. I rehabbed the condo for about $8k, and am making about $450/month in cash flow after maintenance and mortgage on the new home. I plan to use the cash flow to subsidize my mom's retirement, as she is still working full-time and would like to retire soon. I spent my childhood in that condo.

The problem:
New neighbors have moved in downstairs, and have been complaining about EVERYTHING. Their complaints include noise from the floor above, stating they want the floors to be torn up and redone with superior soundproofing. They have also been complaining about the tenant's dog barking (it is a tiny little dog). They even complain about hearing toilets flush and cabinets closing. 

They have been harassing my tenants to the point where they now no longer feel comfortable or safe renting in my unit, and are moving to early terminate our lease agreement. I have executed the lease prior to transferring title, because condo rules state I cannot rent for first year of ownership. They have about 9 months left of their lease term. If they leave, I cannot rent again for 9 months, which will cost me about $10k to hold vacant. 

To make matters worse, the evil neighbors' daughter is a lawyer. She has pulled the public records on the unit and is now moving to take action against me for transferring title without association approval (we used a quit-claim deed within the family, I grew up in the unit). She wants to have my tenants evicted (who want to leave anyway because of their harassment), she wants me to redo the entire floor in the unit, among other unreasonable demands. From speaking with the neighbors personally, they want to move also and don't want to live in a condo. I've gathered from HOA members and my tenants that they are living there because the daughter doesn't want them to leave. I have also been told she doesn't want them to move yet because she wants to rent the unit after the 1 year restriction has passed.

My tenants are absolutely wonderful people and are not doing anything extraordinary to cause noise. Apparently, the association and other neighbors living in the condo have similar stories about these peoples' unrealistic expectations and complaints. Everyone around them, including the HOA volunteers, want the neighbors to move elsewhere. They have made the family living across from them in another building split up their 2 dogs because you are only supposed to have one dog. My tenants called the police on them once for banging on their door and making threats and mentioning they have a firearm because of a very minor leak, and then they lied to the HOA that they called the police themselves.

I don't know what my options are, as this is my first rental property.
Should my tenants decide to bail and stop paying rent, would I be able to pursue them to maintain their obligations to our rental agreement?
Would it be possible, under the circumstances, to get around the HOA rules of renting within 1 year of ownership, and only one 12-month lease allowed per year.
Can I go after the evil neighbors?
Will I eventually have to end up selling the unit to avoid 9 months of vacancy?

These people are absolutely unreasonable. I have tried speaking to them directly to try to reach a compromise, I have even spoken with their lawyer daughter. Their sense of entitlement and disregard for others is something that I've never encountered before. I am especially concerned because their lawyer daughter has gone through the lengths to pull public records on my unit and is making threats to take action against me and the HOA. I am convinced that if I am able to rent it again this year, that she will come after me for doing so.

I would overwhelmingly appreciate any seasoned landlords who might have had similar situations share their experience. Thank you in advance!

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Investor · Kirkland, WA · Member since 2014 · 101 posts · 56 votes
11y
Get to a good RE attorney ASAP. They can deal directly with the daughter. And if you can show your tenants you're calling in professionals that might help. If that doesn't do it, maybe offer them a free months rent if they stay their full lease term (in writing of course)....or whatever might persuade them. One months rent forfeited would be better than nine...
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  • Property Manager · Big Bear Lake, CA · Member since 2013 · 585 posts · 330 votes
    11y

    @Alan A. Wow, I'm so sorry that you are having to deal with this. I was thinking that maybe you could get the HOA to make an exception and let you re-rent it. But, you will probably have the exact same problem with the next tenants. It's obvious that you don't want to sell, because you grew up there. I would feel the same way. I wish I had a good solution for you. Hopefully someone here can help. In the meantime, I would tell the tenants to call the police every single time the evil neighbors harass them at all.

  • Real Estate Investor · Orlando, FL · Member since 2014 · 30 posts · 6 votes
    11y

    Thank you for your support @Account Closed 
    I've already told them that I would do whatever in my power to fight on their behalf, but they are still intent on leaving. I really don't know what to do with these awful neighbors, they are not reasonable at all.

  • Investor · Kirkland, WA · Member since 2014 · 101 posts · 56 votes
    11y
    Get to a good RE attorney ASAP. They can deal directly with the daughter. And if you can show your tenants you're calling in professionals that might help. If that doesn't do it, maybe offer them a free months rent if they stay their full lease term (in writing of course)....or whatever might persuade them. One months rent forfeited would be better than nine...
  • Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
    11y

    nothing for you to do, ....you "snuck" people in, maybe,...daughter lawyer might make it

    happen whether they want to leave or not, your tenants want to go regardless

    Unless you can change these peoples minds or they magically dissappear, you seem to be SOL.
  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    11y

    Honestly unless you have a break lease clause. Tenants are required to "replace" themselves or they have to continue to pay the rent. Therefore you can hold them too their lease.

  • Investor · Baltimore, MD · Member since 2014 · 163 posts · 51 votes
    11y

    First of all let me start by saying that this is not legal advice. Secondly, wow your situation really sucks.

    I totally agree with @Account Closed and that's a great place to start. I would also document EVERYTHING. Have the "good" tenant send you formal written complains of the "bad" neighbor if they are harassing your good tenants. Have your good tenant provide you with a copy of the police report (assuming there is one) so you can prove it was your good tenant you called the police and not your bad one. Have your bad neighbor send you any complaints they have in writing so you can document exactly what they are complaining about. Maybe you can find holes in their complaints or prove that they said one thing initially, but then changed their story.

    Is your unit up to code concerning flooring? Also, you mentioned your tenant has a small dog. Is that permitted by the HOA? Is it permitted in your lease? I hope so. Their lawyer will probably try to poke holes in your lease agreement.

    Did the bad neighbors buy the downstairs condo? If not you can ask the HOA who owns it and then talk to that landlord and say his tenants are harassing yours (this is where the documentation comes in handy). If they did buy the condo, you can start to pull public records on them as well. Maybe see if they have a criminal record of fraud or public disturbance or anything.

    You mentioned the HOA also wants the bad tenant out, so I'm thinking they will probably be willing to work with you on making an exception for the rental period.

    Again as Melanie suggested, see out a lawyer immediately!

  • Real Estate Investor · Orlando, FL · Member since 2014 · 30 posts · 6 votes
    11y

    Thank you all for the much-needed advice.
    I have agreed to buy area rugs for the entire condo and put soundproofing foam under it.
    Hopefully seeing that I've put up the $600 expense will show those people that I am willing to work with them and they will back off. Otherwise, I'm here you will see me back here pulling my hair out.

    Many thanks and best of luck!

  • Investor · Goffstown, NH · Member since 2013 · 77 posts · 16 votes
    11y

    @Alan A. I'm going to predict that the neighbors will not back off. If I know anything about people like this it that they will keep being a problem until the actual underlying issue is taken care of... and sometimes people just do stuff like this because they can and they enjoy it.

         I seriously hope they leave you alone and the actions you have taken is enough.

  • Contractor · Rockville, MD · Member since 2014 · 423 posts · 135 votes
    10y

    @Alan A. What ever happened with this?

  • Investor · Springfield, MO · Member since 2016 · 39 posts · 11 votes
    9y

    I so wish that we knew what happened. Did you lose the condo? Did you get a lawyer? Did you talk to HOA? Did you find out if the daughter really was a lawyer? Did that family have a criminal background? So many questions but so little answers!

  • Rental Property Investor · Acadiana / South Louisiana · Member since 2019 · 115 posts · 49 votes
    5y
    Originally posted by @Alan A.:

    Hello BP,

    TLDR: Unreasonable neighbors are harassing my tenants to the point where they no longer feel comfortable living there. They are trying to break our lease agreement because of this. Due to HOA regulations, doing so would cost me about $10k, as I would not be able to rent the unit again for about 9 months, and the rental income is paying my mother's mortgage.

    I have recently acquired a rental through creatively financing my mother's bad situation.

    The property:
    My grandfather who was also living in the 2nd floor unit with my mom, and mentally ill brother, was entering hospice care at the time, and could no longer walk up/down the stairs. I agreed to pay my mom's down payment, and service her mortgage for a new home, in exchange for taking over the condo. I rehabbed the condo for about $8k, and am making about $450/month in cash flow after maintenance and mortgage on the new home. I plan to use the cash flow to subsidize my mom's retirement, as she is still working full-time and would like to retire soon. I spent my childhood in that condo.

    The problem:
    New neighbors have moved in downstairs, and have been complaining about EVERYTHING. Their complaints include noise from the floor above, stating they want the floors to be torn up and redone with superior soundproofing. They have also been complaining about the tenant's dog barking (it is a tiny little dog). They even complain about hearing toilets flush and cabinets closing. 

    They have been harassing my tenants to the point where they now no longer feel comfortable or safe renting in my unit, and are moving to early terminate our lease agreement. I have executed the lease prior to transferring title, because condo rules state I cannot rent for first year of ownership. They have about 9 months left of their lease term. If they leave, I cannot rent again for 9 months, which will cost me about $10k to hold vacant. 

    To make matters worse, the evil neighbors' daughter is a lawyer. She has pulled the public records on the unit and is now moving to take action against me for transferring title without association approval (we used a quit-claim deed within the family, I grew up in the unit). She wants to have my tenants evicted (who want to leave anyway because of their harassment), she wants me to redo the entire floor in the unit, among other unreasonable demands. From speaking with the neighbors personally, they want to move also and don't want to live in a condo. I've gathered from HOA members and my tenants that they are living there because the daughter doesn't want them to leave. I have also been told she doesn't want them to move yet because she wants to rent the unit after the 1 year restriction has passed.

    My tenants are absolutely wonderful people and are not doing anything extraordinary to cause noise. Apparently, the association and other neighbors living in the condo have similar stories about these peoples' unrealistic expectations and complaints. Everyone around them, including the HOA volunteers, want the neighbors to move elsewhere. They have made the family living across from them in another building split up their 2 dogs because you are only supposed to have one dog. My tenants called the police on them once for banging on their door and making threats and mentioning they have a firearm because of a very minor leak, and then they lied to the HOA that they called the police themselves.

    I don't know what my options are, as this is my first rental property.
    Should my tenants decide to bail and stop paying rent, would I be able to pursue them to maintain their obligations to our rental agreement?
    Would it be possible, under the circumstances, to get around the HOA rules of renting within 1 year of ownership, and only one 12-month lease allowed per year.
    Can I go after the evil neighbors?
    Will I eventually have to end up selling the unit to avoid 9 months of vacancy?

    These people are absolutely unreasonable. I have tried speaking to them directly to try to reach a compromise, I have even spoken with their lawyer daughter. Their sense of entitlement and disregard for others is something that I've never encountered before. I am especially concerned because their lawyer daughter has gone through the lengths to pull public records on my unit and is making threats to take action against me and the HOA. I am convinced that if I am able to rent it again this year, that she will come after me for doing so.

    I would overwhelmingly appreciate any seasoned landlords who might have had similar situations share their experience. Thank you in advance!

     Hey Alan! Can you update on this? 

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