Opinions on dealing with tenant complaints

Opinions on dealing with tenant complaints

Cincinnati, OH · Member since 2018 · 62 posts · 19 votes

Hi folks, question on how others handle these types of situations: we've had a longer term tenant (~3 years) who have been great, never complain, etc, until recently when a new tenant moved above them. Since then they have complained to us that the upstairs tenant is very loud at late hours, kids dribbling basketballs at 3am, etc. We've reached out to the upstairs tenant and asked that they please try to be respectful to their neighbors, especially during late hours but it hasn't solved the problem as it still seems to be happening. We do have noise clauses, especially at late hours, in the contract but is this something you generally let the tenants handle themselves? Don't want to lose the good tenant but I'm not sure it's something as a landlord I really want to get in the middle of and there really isn't much I think I can do except evoke the contract and evict, which I don't want to do. Any thoughts on good ways to handle this?

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Jared HottleBusiness Member
Real Estate Agent · Cedar falls IA Waterloo, IA · Member since 2020 · 902 posts · 549 votes
4y

I would tray again to communicat with the upstairs tenant. Personally, I do not think it is worth losing a good tenant over when this family just moved in. In Iowa we have a 7-day notice to fix the lease violation or the eviction process would start, this may be an option because once people see something in writing they may take it more seriously. In the future as you buy more deals keep in mind the up down duplex can always be a problem like this. If you buy another or end up rehabbing this one ever maybe consider a sound barrier between floors. 

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  • Jared HottleBusiness Member
    Real Estate Agent · Cedar falls IA Waterloo, IA · Member since 2020 · 902 posts · 549 votes
    4y

    I would tray again to communicat with the upstairs tenant. Personally, I do not think it is worth losing a good tenant over when this family just moved in. In Iowa we have a 7-day notice to fix the lease violation or the eviction process would start, this may be an option because once people see something in writing they may take it more seriously. In the future as you buy more deals keep in mind the up down duplex can always be a problem like this. If you buy another or end up rehabbing this one ever maybe consider a sound barrier between floors. 

  • Malcomb StapelPro Member
    Investor · Topeka, KS · Member since 2020 · 669 posts · 488 votes
    4y

    @Scott Lyons  you could ask your long term tenant to take a video next time it happens and share it with you. Obviously this person has established a track record of not being a pain in your ***, so you will want to stand by them rather than just let this new tenant drive them out. 

    If your long term tenant moves out, you will not only have to turn their unit, then find their replacement, but the replacement may experience the same issue with the upstairs tenant. If you have noise clauses in the lease, then it should be a done deal. Sit them down, talk to them about the noise clause, show them the video if you have one. 

    Also, if you are the non-confrontational type, you might consider getting a property manager who has experience having tough conversations with people. It could save you a lot of stress. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Scott Lyons:

    Hi folks, question on how others handle these types of situations: we've had a longer term tenant (~3 years) who have been great, never complain, etc, until recently when a new tenant moved above them. Since then they have complained to us that the upstairs tenant is very loud at late hours, kids dribbling basketballs at 3am, etc. We've reached out to the upstairs tenant and asked that they please try to be respectful to their neighbors, especially during late hours but it hasn't solved the problem as it still seems to be happening. We do have noise clauses, especially at late hours, in the contract but is this something you generally let the tenants handle themselves? Don't want to lose the good tenant but I'm not sure it's something as a landlord I really want to get in the middle of and there really isn't much I think I can do except evoke the contract and evict, which I don't want to do. Any thoughts on good ways to handle this?


    Your tenant has been there three years without complaint, which indicates they accept some level of noise travel between units and your upstairs Tenants are not respecting their neighbors.

    1. Written warning to the upstairs neighbor. Give them specifics, remind them they need to respect their neighbor's right to quiet enjoyment, and tell them that further complaints may result in termination.

    2. Second violation results in a similar warning, but you tell them that one more complaint and you will terminate their lease.

    3. Terminate the lease.

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  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    4y

    @Scott Lyons my best tenant moved into one of my houses from a condo. He had lived in the condo for almost ten years when a family with kids moved in next door. He complained to the manager, they did nothing, so he just gave notice and moved out. He has been in my house four years and it is in better condition than the day he moved in. 

    Unfortunately if that tenant is making that much noise, it also means they are probably being hard on the property. I know you don't want to lose the new tenant, but is it worth losing the old tenant? In an ideal world, tenants will work through issues, but when they don't it can become your problem. 

    I am not sure if you have kids or not, but there are two types of parents. Some parents control their children and have consequences. Others dismiss their bad behavior as "kids will be kids". They seem to believe (incorrectly) that parents have no control. This can lead not only to noise, but also damage in the property. I have seen writing on the walls, spilled paint or juice stains in the carpet, holes all over the wall. In all those cases, the parents claimed "kid will be kids". Strange how my child never did any of those things.

  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    4y

    @Scott Lyons these situations are absolutely the worst as you are always stuck in a lose/lose situation where you either lose a good tenant, or you have to turn back over this unit again. I agree with everyone else here that you should be more forceful within the bounds of local laws. I would have a tough conversation with them, and agree with everyone else that a written lease violation notice goes a long way here if that is something allowed. 

    I have also had situations like this in the past where it ended up blowing over in larger buildings. I have a single guy in one building who one tenant kept complaining about. I would literally be in the hallway when the complaint would come in and I would hear nothing. I had a few talks with everyone and eventually it went away on its own. I think the pandemic trapped a lot of folks in doors where they would normally be out which probably didn't help things. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Enforce the lease and tell the new tenants that if they can't be quiet after X time (guessing 10 pm), then they are in violation of the lease and will need to move.

  • Cincinnati, OH · Member since 2018 · 62 posts · 19 votes
    4y

    Thanks everyone, great advice, will definitely be leveraging some of it!

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