Tenant complaining about each other

[Clement Familusi]

Hey, so I currently have 2 tenants in a 2 unit duplex (Top/Bottom) and the floor tenant is complaining that the upstairs tenant and her children are making noise... In retaliation, the floor tenant has proceeded to bang on the door of the upstairs tenant and poke the ceiling with a broom stick whenever they feel that the noise is excessive. I am now getting calls from both tenants about noice and even concern for safety. What is the best course of action? 

[Patricia Steiner]

This is more complicated than most real estate investors/landlords realize.  The covenant of quiet enjoyment is a tenant right and one that the landlord is responsible for ensuring (within some parameters).  The following article covers the covenant and responsibilities of the landlord well:

https://www.millionacres.com/r...

I recommend letting both tenants know that you will not tolerate either party violating the privacy and quiet enjoyment of the property of the other.  Should they continue on their current course, it will be deemed a lease violation and one that could result in the eviction of both parties.  I would share that you respect them as intelligent adults and, as such, you will leave this issue to them to resolve and to do so immediately.  

Keep documentation of your response and expectation because the landlord is legally responsible for providing and enforcing this covenant.

Fun, huh?