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Updated about 4 years ago on . Most recent reply

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Kelly N.
  • Investor
  • SE, MI
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Golden Rule Lease Clause?

Kelly N.
  • Investor
  • SE, MI
Posted

Hi BP,

We have been leasing apartments in our multi family units for a while now, but have never before seen the possible need to include a lease clause with the Golden Rule in it- treat others as you wish to be treated.  We have a clause about "use and quiet enjoyment" and one explaining that the tenant is responsible for damages done by themselves and their guests, but nothing covering how tenants and their guests should treat others in the building. 

I had one tenant put up a note asking if the other residents could either take out their trash weekly (as required by the lease) or if they would like to contact her about working together to get it down- she takes out the trash and the other residents return the cans to the house.  The notice stayed up for a week, then today she sent me a picture of the note with what had been added to it by other residents or their guests the night before- some unintelligible gibberish but also a "F___ U!"  Since this treatment of others isn't covered by my lease, the tenants of all 3 apartments have been informed that I will be adding a clause to the lease concerning treatment of others- our lease does say we can make new rules as long as they are reasonable and in writing. 

Any ideas on what the wording should be?  What other actions should I take at this point? 

Thanks in advance,

Kelly

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Greg M.#3 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
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Greg M.#3 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
Replied
Originally posted by @Kelly N.:

My question was whether there was a way to address tenant relations beyond noise.  My plan was that repeated infractions would result in non renewal of their lease. 

Can you create a lease that requires all tenants to be nice to each other? Sure. You can create all sorts of odd lease requirements, like requiring everyone to wear mis-matched shoes on Thursdays. With the exception of harassment or an issue that creates an unhabitable environment, you do NOT want to get in the middle of tenant issues - especially personality issues. You are opening yourself up to tenant resentment and tons of financial liability if you fail to take action, take wrong action, or take the correct action against the wrong person.

A strike system like you are proposing works great... on you children. These are adults. Treat them like adults. If they create problems, address them. If they continue, non-renew them. If they are rude, ignore them. 

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