PD Noise Violation - Can a lease include a tenant consequence?

Question

Hello! I received a lovely piece of certified mail today from Tucson Police regarding our inherited tenant receiving a "Red Tag" on their door for a good 'ol, loud college party. I have no desire to evict this tenant as they were forthcoming about it, they pay their rent on time, and they are out this November regardless when their lease expires. (Backstory: We own a 4-plex and have flipped two of the units and the exterior of the complex already. The other two units, including this one, have leases up in November at which time we'll flip the remainder of the property.)

A friend suggested we put some sort of verbiage in our lease regarding consequences for having a police arrival noise violation. I'm not sure if this is the best idea ever, whether or not this is even legal, or what the consequence even would be if so. Any BP advice on this please?

A friend suggested we put some sort of verbiage in our lease regarding consequences for having a police arrival noise violation.  I'm not sure if  this is the best idea ever, whether or not this is even legal, or what the consequence even would be if so.  Any BP advice on this please?

Ryan Murdock · Answer

@Kristie Eddy I appreciate the kind words. The podcast was an absolute blast to do so I'm glad you found some value in it.

It's important to continually review and update your lease as you encounter new situations, challenges, and law changes. Sounds like you are already very much on the right track.

Clayton Jeanette · Answer

Kristie- As a recent graduate from the UofA and now property owner of a multi-unit I am pretty familiar with the red tag system TPD uses to reduce partying. I haven't read the law in a year or two since I helped my friends and my fraternity with theirs but I do believe the owner can be held liable as a last resort to collect their money. I personally haven't ever heard of it coming down to this because it's understood that the tenants usually pay the fine. A lot of property managers in Tucson make sure they have a clause reinforcing that tenants who receive a red tag are responsible for it (some even add an extra fee paid to the landlord ontop of the red tag fee) and the clause also states that the landlord has the right to evict the tenants if they wish. I would suggest talking to your current tenants so your both on the same page and adding a similar clause to future leases to make sure you're not liable for the fee (around $500). I will try and find some of my old leases to give you an example such clauses.

Ryan Murdock · Answer

@Kristie Eddy

In one of the cities in my market there is actually a "Disruptive Property Ordinance" that allows the city/PD to hold the LANDLORD accountable if the police are called to a residence and determine it is "disruptive". Fines start at $500 and can increase daily in severe cases where the problem is not remedied.

I include language in my lease that passes any fines onto the tenant and also makes these nuisance calls (whether attributed directly to the tenant or their guests) grounds for lease termination and eviction.

Kevin Phu · Answer

I too had tenants receive a Red Tag at one of my UofA rentals. Since that point I have put a section in all my Leases that they are responsible for all fees incurred AS WELL as they pay a $500 fine to me. Why would you not penalize them for this, it is 100% on them for letting the party get out of hand. If someone else is calling the police, the party got out of hand as it usually takes multiple complaints for TPD to actually go out and issue a Red Tag.

Kyle J. · Answer

Some cities have "loud party ordinances" which allow the police department/city to levy fines against the occupant and/or property owner for nuisance type behavior.  Tucson appears to have a similar ordinance for "unruly gatherings" which allows them to issue fines and actually red tag the property itself: https://www.tucsonaz.gov/police/redtag.

In light of that, it might be worth considering to add a clause to your lease that says any municipal fine you receive as result of the tenant's unruly or illegal conduct will be the responsibility of the tenant to pay.  Or something to that effect.

You should consult with a local attorney to see exactly what would be allowed, but personally I wouldn't try to penalize the tenant for simply having the police respond or arrive to a complaint because they have no control over someone else calling the police to their residence.  However, if the police/city felt they had enough evidence to actually issue you a fine as a result of the tenant's behavior, then that would carry a little more weight and I personally wouldn't have any issue pushing the cost of the fine back onto the tenant.

Anyway, something to consider for your future leases.  Incidentally, you could add it to this current lease too, as long as both you and the tenant agree to it.

Thomas S. · Answer

You can not add anything to a existing lease. Ask them to keep the noise down. That is about all you can do if you are not prepared to take action.

Fred C. · Answer

In college our PM/LL had it in the lease that a noise violation was $200 fine and "loss of security deposit."  We talked to legal services at our college and they said if they keep the deposit and we sue for it back pretty much any court would throw that out unless they could prove that amount of damage due to the complaint.  We were still out the $200, though.

Kevin Phu · Answer

@Clayton Jeanette I haven't had a red tag incident since I've put it in my lease. I would think it would be similar to collecting any other fee where the tenant disagrees but if its in the lease its hard for them to dispute it. My security deposits are pretty big (~$4k) so worst case it would come out of there.

And I have not had any groups ask or not sign because of the clause (including Fraternity groups). And If they were hesitant on that clause I would not want to lease with them in that case anyway.

PD Noise Violation - Can a lease include a tenant consequence?

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