Issues with Tenant Above a Unit I Own

[Christopher Brainard]

Hello Everyone,

So I've run into my first big problem with landlording. I own a condo but do not own the condo above it. My tenant has been there for approximately 2 months, and the upstairs tenants have been increasing disruptive and hostile to my tenant.

It started with loud noise and has escalated into throwing eggs at cars, bottle onto their porch, and direct confrontation. Since our CC&R guarantees the "quiet enjoyment" of our community, I've approached the property management company that runs the HOA about sending a notice. The response I got from them was "It isn't our job to enforce the rules, we can't do anything to make people follow them." I explained to them that they should be inspecting the property, sending out violation letters, and when the violations aren't paid, foreclosing on units. They also refused to give me the phone number of the owner for the unit so I could have a little landlord to landlord chat. The lady at the property management company seems clueless at best. Additionally, all the windows in the upstairs unit have been broken by their tenant. Again, they said there was nothing they could do.

Anyhow, I need to determine the best short term course of action to assist my tenant in the enjoyment of his property and wanted to get some suggestions on the most effective course of action.

Action #1) I already have the owner's address (out of state owner) that I'm going to send a letter to in order to notify them of the windows and inform them they will need to compensate me for the water damage which was done to the lower unit the last big rain we had.

Action #2) Have my tenant call the police when any nefarious activities or excessive noise takes place to build up a record. Once I feel a sufficient case is built, take either the HOA or Property Management Company or the Owner to small claims court to sue for either break of the CC&R Agreement or move my tenant out and sue them for the balance of the rent, since he is unable to enjoy the property quietly.

Action #3) Call the county and explain my concerns about the broken windows and doors. Attempt to get the property condemned, thus making it uninhabitable and force the current tenants to move out.

Action #4) My tenant has also reported some suspicious activity with the two children that live there. Its likely that they are being abused as a lot of the nuisance noise is them running around and/or crying/yelling. I've never had any dealings with Child Protective Services, but this sounds like something they may handle.

Action #5) All of the above.

Any advice or a previous experience on how to deal with an issue like this would be appreciated!

-Christopher