Neighbor complaning about loud noise from tenant's autistic son

Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes

4y

You are doing all that you can do and some would argue more than you should. This is an issue between 2 people that frankly has nothing to do with you. As I read your post these are single family homes.

Not saying you can't do what you are doing and if this were my home I would do exactly what you are doing. Pass on the complaint. I would also let both parties know that from here forward they need to work this out themselves and ask the tenant to keep you in the loop so you can keep in touch with what is happening at your home.

3 Reply

Lewis A.

Member since 2021 · 10 posts · 5 votes

4y

No experience with this personally and I imagine much more experienced members will offer proper advise.

I think the type of residence will determine your responsibilities. For example is there an HOA?

My personal opinion is that you should keep out of it. Although your neighbor may be legitimately upset she should take that up with your tenant and not you. What exactly does your neighbor really expect you to do?

I feel for your neighbor but don’t see how you can fix this. Your neighbor may need some better sound proofing.

1 Reply

Scott Mac

Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes

4y

Originally posted by @Mauricio Lopez:

Hello everyone. I am currently presenting a situation I had not come across before and I can use some help from your wisdom and experience.

My family owns a rental property in a B class neighborhood in San Diego (Which used to be our primary residence a few years ago) and this is being rented to a family (single mother and three children) for a year or so already, under section 8. The tenant has not been a problem at all to us, she has been very communicative with us, rent is on time, she takes care of the property quite well. Her youngest son is autistic, 5-6 yrs old. The neighbor next door, 70 year old caucasian lady, is complaining that my tenant's autistic child has been making a lot of noises (tapping on the patio wood floor and screaming) for many days now (She has shown me a daily log with dates and time) and this is altering her peace. The neighbor indicates this can go for all day, sometimes from 8 am till 5pm, and she has tried to communicate this to my tenant but my tenant responded that this is a personal matter and the neighbor should not be inquirying about it, and if she continues she will take her to court. I believe my tenant's autistic son is already under a program where he receives help.

I have spoken to the neighbor already and intend to talk to my tenant about the situation, mainly as a mediator. I dont really know about any legal matters and not sure how this would go. I am just being brought into this by my former neighbor as she wanted to let me know about the situation before she takes a next step such as filing a complaint.

I used to live in this house and I know that my former neighbor certainly has a history of complaining about certain things (dog getting to her backyard, front yard hedges between our house and her house getting messy) but I always tried to keep thing respectful and would help where reasonable.

I really would appreciate if you can share with me any tips on how I could deal or not deal with this situation.

Thanks so much in advance,

Mauricio

Hi Mauricio,

If it were mine, I'd stay out of it 100%.

I'd let the courts tell these two what the laws of California have to say about this.

You have a disability renter in a SFH, and they have stated they are ready to go to court.

That's where I'd leave it.

As long as the monthly rent keeps coming in, I'd let the Judge sort it out for them.

https://www.youtube.com/watch?v=ZgbGOBeeaD8

Good Luck!

3 Reply

Caroline Gerardo

Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes

4y

I would be kind and sensitive to the tenant, do not ask about the disability. Ask them if you can buy noise cancelling headphones or something the child needs for Christmas? I volunteer for TACA, read more about the many resources available - not to tell the tenant, just for you to understand.

The neighbor is mean, lonely, and needs to get a JOB even if she's 70. What do you know about neighbor? Religious affiliation? Can you get some volunteer agency/person/priest to counsel the neighbor and diffuse the problem? If neighbor understood and had ear plugs could she get busy doing something else? Do not be the mediator. Do not offer to help neighbor, she will lose if she tries to sue.

When neighbor calls you again talk about LOVE, empathy, and help don't let her complain keep going back to love.

1 Reply

Joe SplitrockPro Member

Moderator

Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes

4y

I am assuming this is condo and the neighbor is not a tenant of yours? I would tell the neighbor that the tenants child has a disability. File whatever complaint she wants, but she could find herself in legal trouble if she purses this. I would then tell the neighbor to stop contacting me on the matter. Do not say a single word to your tenant about this.

Here is the bottom line, noise during the day time is allowed. I don't doubt that the child is annoying, but it is completely legal and there is nothing the condo association or police can do about it.

2 Reply

Eric GoldmanBusiness Member

Lender · PA · Member since 2019 · 359 posts · 192 votes

4y

I would stay out of it.

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Mauricio LopezPro Member

OP

Member since 2020 · 10 posts · 1 vote

4y

@Scott M. Thanks for your valuable input. I certainly would not want to hurt the relationship with my tenant and will do my best to stay of it and let them deal with the issue, but ask my tenant to keep me in the loop. Thanks again.

0 Reply

Mauricio LopezPro Member

OP

Member since 2020 · 10 posts · 1 vote

4y

@Lewis Alman thanks for taking time of your day to offer your opinion. Unfortunately there is no HOA, this is an old community. Based on what I am reading from the BP community, I should stay out of it and let them deal with the situation. I could consider asking my tenant to keep.me in the loop, if she needs anything. I dont want to get myself in a legal battle of any sort if this something they can settle somehow themselves.

Thanks again and have a wonderful day.

0 Reply

Mauricio LopezPro Member

OP

Member since 2020 · 10 posts · 1 vote

4y

@Scott Mac thanks for sharing your opinion. I will do my best to stay of out it. I certainly dont want to disturb the rent coming in, specially if I am cashflowing positive. Thanks for sharing the movie clip.

1 Reply

Mauricio LopezPro Member

OP

Member since 2020 · 10 posts · 1 vote

4y

@Caroline Gerardo thanks for sharing your opinion and the resources. I want to learn more about TACA and be more understanding of my tenant's situation. I dont want to get myself in any sort of trouble with her. Since it seems that you are in california, would you know if the neighbor files any kind of complaint with the city, or if any legal case if files from either party, does any of that get files with the property somehow?

Thanks so much for offering your view.

Mauricio

0 Reply

Karl B.

Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes

4y

It's not your problem to play the go-between. Tell the neighbor to call the cops if it bothers her that much; the po-po can deal with it.

1 Reply

Caroline Gerardo

Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes

4y

There's a lawsuit in Sunnyvale regarding the issue. Case here: (you need to pay per page) https://trellis.law/case/2014-... extreme allegations made

https://www.davidmperry.com/fl... summary :: rich folks try to claim child

is a public nuisance. Loads prejudice in the case... little evidence (in my

opinion I am not an attorney) but as a landlord I would not fret. ADA covers

your tenant. Do not talk to neighbor, do not write to, or email neighbor.

1 Reply

Caroline Gerardo

Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes

4y

If she files (does she have the $5000 retainer to start a war?) https://apps.calbar.ca.gov/att... highly recommend Joe Ferrucci Until then if you see her have a one sentence love speech that you repeat something like "may love and respect fill your heart." or make a shorter one "love your neighbor." and that's all you ever say to the neighbor again. You got this.

1 Reply

Daniel SmythPro Member

Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes

4y

@Mauricio Lopez

Don't care what brand she is. Caucasian or not, if there is a complaint, it should be addressed.

Autism? There are noise standards no matter your mental issues or the issues of your child.

It is wrong to decide one tenant can be destructful to another because of a medical condition.

If the noise issue cannot be solved, perhaps this means the lease should be considered in default and eviction eminent.

It's business.

It is up to the tenant to be within noise limits.

[email protected]

1 Reply

Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

4y

I have an autistic family member and yes they can be annoying. It sounds like the neighbor lady is a complainer anyway (?), but have you yourself heard the noise level? As @Daniel Smyth said, there are db levels that must be considered regardless of time of day or any disabilities. Try cranking your stereo during the day to 90db and see how long it takes the Sheriff to make you turn it off.....

Just saying maybe the neighbor lady is right. But still, don't get involved, let the authorities handle this one. You don't want trouble with the disability police....but then again, that old neighbor lady could be sitting on a couple million in cash and not afraid to throw it around.....either way you lose.

1 Reply

Nicholas Stolfa Ryder

Realtor · Ronkonkoma, NY · Member since 2020 · 18 posts · 7 votes

4y

@Mauricio Lopez I actually had a similar issue at my primary residence. My neighbor has an autistic child. I am on the left side of there home, the women (Caucasian also about 70) on the right came to me and the neighbor across the street asking us to join her in her noise complaint. Due to the fact that we’re not horrible people we did not. She called the authorities and nothing came of it.

1 Reply

Michael Noto

Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes

4y

Just don't respond to the neighbor. She is only contacting you because she wants attention. This is not a situation you need to get involved in.

0 Reply

Max T.

Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes

4y

@Mauricio Lopez

Tell Karen that in this country we can choose where we live but not who our neighbors are. Advise her to think about what it would be like to raise a special needs child.

1 Reply

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

4y

Tell the neighbour she is welcome to phone the police and file a noise complaint. Explain that the kid has a disability. Still if it goes on for hours and hours every day, I'd also start to get impatient-once and a while I get. I'm guessing the boy isn't going to school if this is happening repeatedly during the day, but again that isn't your problem.

1 Reply

Colleen F.Pro Member

Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes

4y

@Mauricio Lopez this is a tough noise complaint, I have lived with the noise of an autistic child and know it can be loud, repetitive, and grating. If the complainant has concerns they are mistreating the child she should call child services, if it is too loud a noise complaint with the police particularly if it is a nighttime disturbance could be made. The reality is this child may not be in school during the day, and the child may not be in a program if they are routinely making noise from 8-5pm. If the neighbor wants to make an issue she needs to do this with your tenant. I would tell the tenant only that she is obligated to follow local noise regulations and if she is doing this she is fine. It is between her and the neighbor. Keep in mind that even if the child is autistic local noise ordinances apply so nighttime disturbances would be a police issue.

All that said I would not discuss the child's disability with this mom at all except where it results in damage to your property, if the noise is coming from ongoing door slamming, wall hitting, etc. Much as I understood autistic behaviour, we still stopped Gene when he repeatedly slammed doors.

1 Reply

Jay HinrichsBusiness Member

Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes

4y

Originally posted by @Joe Splitrock:

I am assuming this is condo and the neighbor is not a tenant of yours? I would tell the neighbor that the tenants child has a disability. File whatever complaint she wants, but she could find herself in legal trouble if she purses this. I would then tell the neighbor to stop contacting me on the matter. Do not say a single word to your tenant about this.

Here is the bottom line, noise during the day time is allowed. I don't doubt that the child is annoying, but it is completely legal and there is nothing the condo association or police can do about it.

if its 8 to 5 its just like when we are building a home neighbor no like it when the hammers start at 7am.. or when i used to log and the neighbors had to put up with chain saws logging equipment and big @$$ tree's thumping the ground every 60 seconds .. And then when we helicopter logged that was really wild.

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Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

4y

Autistic people have no inner clock that makes them stop doing activityX at exactly 5 o clock. I can feel for the neighbor lady for sure. But issues like this can be worked out if all parties just give a little....... :-)

1 Reply

Account Closed

Member since 2020 · 983 posts · 1k+ votes

4y

This is a situation where it may be wise to get free advice from an attorney, or be willing to pay an attorney. I had a tenant with an autistic son who screamed so bad I seriously thought a woman was being raped in one of our apartment units and was about the call the police just before my wife told me it the tenant's autistic son.

There should be some law that protects everyone from having their sleep disturbed and I would worry about any damage to the property. Even people with autistic children are liable for damage to a property and I don't see why they would not be liable if their children cause other people to move because they can't bare the disturbances.

I would definitely write a nice and carefully-written letter to the tenant notifying the tenant that her child is disturbing others, ask your tenant what she (or he) can do to mitigate the disturbances. It is okay to have a little verbal communications, but when we have any type of tenant problem we put everything in writing. The last thing you want is to get sued for discrimination.

1 Reply

Account Closed

Member since 2020 · 983 posts · 1k+ votes

4y

I agree with some of the other posts. I was thinking you had a multi-unit building. Let the neighbor and tenant deal with the problem. If it was a multi-unit you may have obligations to your other tenants. Since it is a single rental it is not your problem.

1 Reply

Spencer Gartz

Member since 2018 · 13 posts · 10 votes

4y

@Mauricio Lopez

This is an interesting problem. One that doesn’t sound like yours, almost at all. That being said, I also find myself mediating from time to time, especially if I have a chance to improve the property or the neighborhood.

That being said, if I wanted to do anything, it would be these steps:

First, I’d really be careful not to discriminate, or violate fair housing.

I’d try to be friendly to both parties, but would not offer the neighbor anything. I’d feel much more obligated to my tenant, who you should be promising a quiet, clean, and comfortable place to live. You didn’t promise anything to the neighbor! (Who has no control over who lives next to her.)

Check your local laws for noise ordinances. Chances are pretty good that there is no ordinance in regards to the issues you are describing. (If there is an ordinance, I’d keep it under your hat for now.) If this is the case, you now have a little bit of ammunition against the neighbor, and your tenant is doing just fine.

You can always call or stop in to the local police department yourself. Tell them that you’re having some trouble with the neighbor, and you just want everybody to be happy. You don’t want the police to be involved, but want their opinion before they have to be. They should appreciate your action and hopefully it helps your tenant if they have to come to the property.

I love to use instances like this to make improvements to the property. Could your house use more insulation? How about new windows? An upgraded a/c unit. What about sound deadening bushes between the properties? You can tell your tenant that you want to upgrade any potential problems to try to keep their neighbor quiet for them, and help make it easier for them to not have a hostile neighbor.

Ultimately none of this is your problem, but it could be if the neighbor keeps chasing your tenants out out.

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Neighbor complaning about loud noise from tenant's autistic son

Neighbor complaning about loud noise from tenant's autistic son

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