Noisy Treadmill deduct from Security Deposit?

Question

Hello,

My tenant got himself a treadmill without  taking my permission and he lives right above my top floor and it’s been creating us a lot of my annoyance as he rides it during odd times. When the tenant vacates can I deduct from security deposit for causing this nuisance?

Thanks

Kyle J. · Answer

Unfortunately, no.  No state allows for a "annoyance" deduction from a tenant's security deposit.

Joe Martella · Answer

You expect the tenant to ask permission to buy a treadmill?  Did you nicely talk to him about it and tell him you can hear when he is on the treadmill?   In a duplex these things happen especially when people live on top of one another.  Perhaps the treadmill mat will work, but what is taking money from his security deposit going to do?  What damage to the property has he done?

As landlords we are stewards of the tenants security deposit money.  The agreement/law (at least in NJ) is that I will place your money in an interest bearing account and you agree not to destroy my property.  Taking money for any other reason is outside that agreement, and is not good stewardship of someone else's money.  I suggest that you become familiar with the rental laws in your area otherwise you can become jammed up.  For example, in NJ, if you don't put the security deposit in an interest bearing account and give the tenant the interest every year, the tenant can demand you pay them 7% interest rate per year on their security deposit?  On a $3,700 security deposit that is about $260 per year.  If the tenant stays 3 or 4 years they can demand between $770 - $1,030 when they leave.  Let's say you have property damage and you decide to deduct from the security deposit and you have an educated tenant.  The tenant takes you to court and shows the judge and proves you are in violation of the law.  The judge could order 100% of the security deposit, plus interest and you are out the damages.  When you go to court on things it isn't so clear.  If you read the forums you see wacky judgements all the time.

He is using a treadmill, which is reasonable.  It isn't like he is blasting music or having wild house parties.  What are odd times for you may just be normal for him.  Maybe, if you have a basement in the house large enough, you can offer for him to put his treadmill down there where he can use it so it won't bother you, or buy him a Planet Fitness gym membership for $10 a month - if that is worth your peace and quiet. Perhaps there is some other creative compromise?

Aj Parikh · Answer

You should have a "No noise time" on your lease or your Home Owner's association should have a no noise time like between 9 pm to 7 am and you can send a violation notice to the tenant stating that they are violation and need to remediate at their earliest.

Patricia Steiner · Answer

Just one thing to add to the good advice ahead of me:  go talk to the guy.  Nicely.  You know one of those "so glad to HEAR you're working out and staying healthy.  Anyway we could figure out a way that you get your exercise and I get to enjoy not HEARING it."  He has no idea that you can hear him clomping away.  Again, approach him like you would want to be approached and see if you can compromise.  What I find is when we "tolerate," there comes a time when we explode out of frustration and make life intolerable for all.

And, be at peace.  There are more treadmills that find themselves serving as closets, doggie sleep stations, foot rests -  in short order as running nowhere gets old fast.

Justin Hoggatt · Answer

Peter, I completely understand the frustration.  The best thing you can do is make sure he follows the rules.  In my lease I do have quiet hours and rules against being a nuisance to others.  A treadmill isn't something anyone would have to get permission for with me, but they still must be a good neighbor.  If they are actually breaking any rules then you can give them a demand to comply.  Same with other rules against the lease.  If he continues to break the rules/lease agreement, you can then file for eviction for repeated lease breaks.  But, have you tried talking with him yet?  I always try to get to even ground with someone before sending paper.

Chris James Hariski · Answer

Good morning Peter,

This is a very interesting situation. My first suggestion to you would be to read up on the rental laws regarding tenant and landlords in your area then check up the city bi-laws. Sorry for your situation I hope you find a solution quickly.

Scott Mac · Answer

Hi Peter,

Maybe one of these would make your life a little better https://www.amazon.com/Rubber-Cal-03_101_WABD_06-5-P-Treadmill-Mat/dp/B00A48ZD1O

Just buy one and ask him to place it under the treadmill.

Good Luck!

Christen G. · Answer

In short - no.

Peter Morgan · Answer

@Joe Martella

Thanks for your reply. The tenant’s nuisance did not just end at riding treadmill during odd hours.He parked at undesignated areas several times,he brought in guests not in lease for extended months,

above all he formed silos with my other tenants that adversely impacted my business relationships with them causing me lot of distress and vacancies.