When to stop responding to excessive tenant complaints

Question

I have a tenant who is constantly complaining - it feels like she is LOOKING for every reason to complain. She lives in a downstairs unit so she complains about the noise above her multiple times a day, multiple days a week for 2+ years now. The tenant upstairs and this tenant downstairs do not get along and we've had mediation meetings with no luck in finding peace between them. The amount of complaints are excessive, it is time consuming to address, and we aren't sure how valid each complaint is anymore.

My question - is there a point where we can start ignoring her excessive complaints? Can we be legally liable if we start ignoring her?

Matt Ziegler · Answer

Time to invoke the “happiness clause”. I suggest you tell the tenant it’s obvious she’s not happy here and should look for another place. No harm no foul just not a good fit. Put it in writing, don’t ignore it. Let her tell you when she’s going to move out. If she doesn’t wanna move out, then she can stop complaining.Having noise upstairs is part of living in a lower unit.

Being direct, honest, and firm seems to me to be the best policy.

Patricia Steiner · Answer

@Sofia Johnson

Sofia, your post about the tenant referring to you/your offer as "racist" is so offensive that I wanted to offer a recommendation on that as well:  the next time you are contacted by the tenant, consider stopping the conversation right away and letting them know that your last communication with them was unacceptable. That going forward, they need to conduct themselves in a professional and respectful manner with you at all times - as you do with them. That you found their "racist" remark to be immature, inflammatory, slanderous as well as devaluing of those individuals who have legitimate claims or racial discrimination.  I would end by saying and why are you contacting me today...

Keep documentation on all exchanges with this tenant.  Big boundaries will ensure the tenant has no way to play this game with you going forward.  I'm sorry you had to endure any of this in the first place.  Unfortunately what starts out crazy usually ends crazier.

Patricia Steiner · Answer

Why are you involved in this in the first place?  You're the landlord - not playground monitor.  Unfortunately, you stepped in it with the mediation so you can't ignore it now.  What you can do is put this back on the tenants. Send both tenants a notice that you will manage to the terms and conditions of their lease and that you simply have no interest in resolving the interpersonal conflicts of their own making.  Then do just that...manage to the lease.  If it's not in the lease, it's all on them.

Jim Cummings · Answer

@Sofia Johnson. Support what @Patricia Steiner says and if it can't get resolved invoke the "Happiness Clause".

Kyle J. · Answer

You have to be careful how you word it.  You're not kicking her out.  You're simply offering to let her out of her lease (if she has one) without penalty and she no longer enjoys being a tenant there.  Basically mutually agree to go your separate ways.

Just like if she was a customer at a restaurant that she no longer enjoyed eating at.  You're not refusing to serve her.  She just has the option to not eat there any more.

It's her choice though.  Continue to stay there, or not.  Nothing racist about that.

Sofia Johnson · Answer

Thanks for the replies! We've verbally offered for the tenant to leave, but they are claiming it's "racist" to suggest they leave vs. fix her complaints. Any suggestion here?

Mary Smith · Answer

Hey Sofia, I agree with what @Matt Ziegler suggested. If they're not happy, then they can leave.

Cameron Tope · Answer

Hey Sofia,

Each time the tenant complains are you giving into her demands?

Sometimes you have to put your foot down and level with the individual.

There's nothing in the Texas property code that says we need to communicate with a tenant over trivial matters. However, if it has to do with the health and the safety of the tenant or property, then you'll have to respond.

When to stop responding to excessive tenant complaints

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