NTV Tenant, last 60!... STILL w/ NOISE complaints.... now what.??

Question

Our crazy tenant must be housing  refugee kids running around while having nightly concerts in our condo.....

Condo Assn, want's our asses speared.

landlord downstairs wants us crucified.

downstairs tenants are extremely unhappy.

Now, we've already given the tenants the last 60 day NTV.....

BUT we're getting WORSE noise complaints and pretty much death threats from all of the above....

What's my options now??

Bryan O. · Answer

@Atwan Kwan then it sounds like you get to sleep in the bed you made. As the manager, especially as one on-site, you made the problem. Let the HOA start charging for the tenant's violations. Once the bottom line is impacted you will have the owner's attention. Tell the neighbors and HOA to start calling the police for noise, domestic disputes, whatever it is. Having everyone yammer about a problem while doing nothing that can resolve it tends to get me riled up. Be part of the solution. Invite the neighbors to be part of the solution.

As for it being hard to evict for breach: document! Document all the past complaints you can and then move forward, or do nothing and wait around hoping none of your friendly neighbors takes expresses their displeasure with you in more physical methods. Assuming you are not the manager for the entire complex, expect that the owner loses money, you get fired, and the tenant leaves. Understand what went wrong and don't repeat the same mistakes again. You messed this one up, but there are likely many valuable lessons that can be learned. Learn them and apply to the next one. Keep improving.

There is not really a question of what to do here, it's more of a question of what YOU are willing to do. There are many ways to deal with it and it sounds like you are focusing on what the problem is rather than what the ways to resolve it are. It's easy to do nothing, which so far is what it seems like you, the owner, the neighbors, and the HOA have all decided to do. Pick up the torch and do the right things. Better late than never.

Bryan O. · Answer

@Atwan Kwan what does your lease say about it? Mine specifically says "Tenant agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another resident or neighbor." Do the covenants say anything about noise? Tell the neighbors to quit complaining to you, call the police for noise, then give you a copy of the complaint. Then provide a notice to comply to your bad tenants. If they do it again, begin eviction.

You allowed it to get to this level. That makes it harder to resolve. Next time, screen better, double-check your lease and update if necessary, and set the stage as a real landlord that has requirements and expectations. How you repair the relationship with everyone else around you is harder. You are now typecast and judged (not wrongly it seems). It will take quite a bit more time for that to fix those relationships, but make the effort and continue that course.

Atwan Kwan · Answer

Hi @Bryan Otteson maybe I wasn't more thorough enough in my explanation

....even though it is not relevant at all to a real solution here.

The tenant apparently started inviting other kids for whatever reason to start coming over daily, without our knowledge. AND WON'T STOP

I apologize if I didn't respond to your opinions. Not to patronize you, but they were either irrelevant assumptions, already gone over, or obvious to options moving forward

I agree the owner's focus is not in the right place either, but hopefully this thread isn't dead already having spent more time explaining

Bryan O. · Answer

Hi @Atwan Kwan. This is a forum. There is limited information to go by, therefore, judging the situation is required. Unless the tenant has had major life-changing experiences since move-in, it is the manager's fault and I am sorry it does not feel good. Here are some of the possible solutions that I mentioned. Use them or not. Because the owner seems to only care about getting money (or not losing money) and wants to do nothing, then impacting the money will force him/her to pull his/her head out of the sand.

• Do nothing. You are already aware that this has not been beneficial
• Get the neighbors to start filing actual complaints to the police. This has the effect of documenting lease infractions to help your eviction case. Another possible benefit could be citing the owner for a nuisance tenant
• Get the HOA to begin citing the owner per their process. In theory, the tenant pays this, but the citation should go to the owner, which means if the tenant does not agree and start paying it then the owner is impacted and has to make a decision
• Fire the owner. If you did not put these tenants in place and you have just recently inherited a nightmare, then tell the owner the problem and tell him that if he will not act then you cannot in good conscious manage his problem. If you put them in and did not do your job properly, then this is your fault and I would not advise quitting since I believe everyone should clean up their own messes and learn whatever they can from them

I'm not trying to sound harsh or belittle you. It sounds like this scenario has been allowed (whether by you or someone else) to get to the point of other people threatening you. That means it has gone way too far and been handled extremely poorly to allow this level of escalation. Move forward however is right and gain what lessons you can.

Atwan Kwan · Answer

@Bryan Otteson

Thanks for feedback but glad you're not going to be presiding over my clients eviction. Pretty quick to judge.

Ironically, I don't really see an real actual new solution in your last reply unless "go call the cops" was your solution -  which we've already notified neighbors to do.

Atwan Kwan · Answer

@Bryan Otteson convenants? like the HOA docs? yes the HOA has been on us and now telling me they may meet on whether to issue to owner

-Yes our lease also prohibits disturbance to neighbors, which includes their guests

However, I've heard it's quite hard to evict on "breach of lease" rather than "failure to pay rent"

-LASTLY, I'm READY to issue a warning to tenant that next step is eviction.... BUT my client DOES NOT want to use language of eviction out of fear the tenant will not pay rent, or damage property and continue to wait out 60 days UNLESS they stop paying rent

Thomas S. · Answer

Let every one know that you have taken action and the problem will be soon resolved with the eviction. Apologise to all and hope for the best.

I personally would meet with every other upset resident, in person, and apologise for having allowed the situation to get so far out of hand.

It is very difficult renting out a condo and the full responsibility falls on the owner to insure that having tenants in a condo does not ever upset neighbours. Tenants are not usually appreciated in owner occupied condos. Not a good investment option.

IF you can not satisfy neighbours the only other option may be to sell to a buyer interested in personal occupancy.

NTV Tenant, last 60!... STILL w/ NOISE complaints.... now what.??

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