tenants quarrelled, what would you do?

[Yiv L.]

Two of my neighboring tenants in the 4-plex quarreled, caused by small kids from one family playing and making some messes on the other family's front yard (the complex has open front yard), then verbal exchanges from adults.

The family with small kids (7 and 8) just moved in over a month.

The other family (late middle aged with 3 teenagers) moved in almost a year, and are very good paying and quiet tenants. They do not like to be disturbed..

I talked to both families, but not sure how much it helped. I do not have any vacant unit to move them around. I know I am not peace keeper, but I suspect sooner or later, one or both tenants will break the lease and leave if it continues this way. Any suggestion?

[Tom Goans]

@Yiv L.,

There should be one or more paragraphs in your lease agreement that covers tenant nuisances and disturbances. This is your directions of how to handle the situation. If the lease agreement does not contain any language on this subject, you should meet with an attorney where the property is located to redesign your lease agreement to cover this and similar situations.

My method for resolving situations is to seek a solution where everyone wins. In your situation, there is no winning side or argument. If you try to pick one, I predict the situation becomes much worse. I would probably turned it back on the parties and ask them how they would resolve the situation so that everyone is happy. I would stress the importance and benefits of being good neighbors. During my calm and casual conversation, I would continually use the work HOME. “This is your HOME where you and your family live and call HOME.” “Help me come up with a way to make your HOME more pleasant for you and the others who call this complex HOME.” Something along these lines. My idea is to remove the situation from strangers fighting at their apartment to neighbors resolving a minor and easily fixable issue at their homes.

If you turn your property into a home for people, they are more incline to be neighborly. You as the landlord and property manager set the tone of the attitude.

You may have a more serious problem than you realize.

One important added consideration, as a rule of thumb, real estate has an implied warranty of “Quiet Enjoyment”. This is typically extended to tenants unless there is a law in the state where the property is located that removes this covenant. You should be aware of this covenant and how it applies to you and tenants rights. Your attorney will be able to explain the legal ramifications.

After a discussion with an attorney where the property is located, you may find that whether or not the lease agreement states the tenant right to quiet enjoyment, it may be part of the state law. If this is true, the tenant may have the right to legally terminate the lease agreement prematurely and move if it can be proved you have neglected your duty as a landlord to ensure quiet enjoyment.