What would you do with a problem neighbor?

Question

We purchased a condo past June, and rented it out in July. Within two months, the female tenant reported us the stalking and harassment from the guy of next door, and filed a police report. We terminated the lease. Then we rented it out second time to two guys, thinking that they might not have stalking/harassment issues like the previous one. After two months, the guys reported the similar thread and harassment by the next door neighbor, this time, even more escalating and frightening. By now We all know now this neighbor has mental problems. We wrote to HOA, but we were told that the guy's mother bought the unit for him, and that HOA could not do much with the owner-occupied. When HOA notified the guy about his HOA violations, he threatened he would sue HOA. Our tenants keep telling us how unsafe and uncomfortable they feel each day and may consider terminating the lease. Now we are struck and weighing on what we should do under these ciucumstances. If we terminate the lease second time, we know we cannot rent it out again as long as the guy lives next door. If we have to sell it, what do we have to disclose about our property in this situation?

Any advice or suggestions would be greatly appreciated. Thanks in advance!

Lynnette E. · Answer

Due to the situation is the HOA willing to allow changes to the property to address the situation?  Maybe putting up a tall block wall at 7 feet between your property and the other one?

Maybe you can check into what the neighbor on the other side of the mentally ill person does to address the situation?  They may have figured out what his buttons are to stay away from setting him off.  Maybe talk with them.

Can you ask the HOA to have his mother call you or get her contact information.  He is not leaving, so you need to know how to deal with him.  Maybe you can ask her how your tenants can deal with him, maybe she knows his buttons, or maybe she will cost share a fence.

Is social services involved with him?  Maybe talk with a case worker who can develop skills with him on how to address things with your tenants, or check his medication and have it adjusted.

Whether the police will do anything is probably going to be based on if there is actual contact made rather than just words and gestors, unfortunately.

Lee Mack · Answer

Did you find a solution to the problem? I am having a similar issue with a neighbor next to my SFH investment property. Harrassing my tenants.

Dennis M. · Answer

you made two mistakes

1Renting out a condo

2Renting out a condo with an Hoa

Bonus mistake : renting to two “ young guys”

Andrew B. · Answer

You should buy the unit from the mother. (Of course, unit should be delivered vacant)

Lee Zhao · Answer

@ Scott Mac: you may not believe this. Our first tenant who left the unit after two month stay actually worked for police department. The second tenants were two young guys. In either case, we had thought they could have been capable to tackle the situation like I described. But all of them chose to flee instead of confrontation. Our unit was bought just a month before we rented it out. And it is in a very nice community and neighborhood. Yes, sooner or later we have to make a decision on what to do with the unit if the situation is dragging on forever.

Scott Mac · Answer

Hi Lee,

Think outside the box--rent it to a Policeman (or somebody that's bigger and tougher than the neighbor), or think inside the box and sell it and move on to a better rental unit.

Good Luck!

Lee Zhao · Answer

Our neighbor later started threatening the community manager who sent him violation notices. One day our tenants saw a few police come with one having a rifle in his hand. They were looking for him. We immediately advised our tenants to leave or go to their family or friends house. We later on relocated them to another rental we had. This unit has been vacant for 3-4 months now. The HOA and another neighbor filed a lawsuit against him, which could be a long process. We have heard the guy and his month wanted to rent or sell their house. Until then, we cannot rent our unit to anyone just for the sake of safety. A very unfortunate situation.

Dan Maciejewski · Answer

Yeah, besides having any tenants calling the police for each instance and having him arrested, there's not much you can rely on the HOA for.  And with mental illness, I doubt that restraining orders will have any effect until there's actual incarceration.

In my state you have to disclose . . ."all known facts that materially affect the value of the property being sold and that are not readily observable or known by the Buyer", and goes on to state that. . ."You should think about what you would want to know if you were buying the property today. . ."  Notably excluding if, when and how deaths may have occurred in the property.

I am not going to advise you on how or what to disclose, only say that you should take a look at your state's disclosure forms and requirements.  I can say that Florida has a separate  disclosure for if the seller has never occupied the property.

Good Luck!  That's not a great situation to be in.

Lee Zhao · Answer

First tenant filed a police report and left by terminating the lease early. Second tenants installed a camera in their unit and recorded all the harassing evidence. They would just leave if the threat and harassment continue escalating. HOA are well aware of the situation but cannot do much. We have to decide what to do with the unit.

Denise G. · Answer

can camera's be installed to catch this neighbors harassment and reported to police?

What would you do with a problem neighbor?

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