First Attorney Letter as Landlord - Fight Nuisance Complaint or Facilitate Move-Out?

Question

Hey BP Family,

Long-time lurker, first-time problem poster.Would appreciate some seasoned perspective here.

Property Context:

• SFR in San Jose (owned 5+ years)
• Tenants 26 months, never late on rent, maintain property well
• Haven't raised rent since they moved in (below market now)
• Planning to hand to management company after they leave

What Actually Happened (Timeline):

• July 2023: One neighbor voicemail about music
• [14 MONTH GAP - nothing]
• Sept 2024: Different neighbor texts calling them "your migrant tenants"
• Jan 2025: New neighbor buys house behind property, immediately complains (he knew tenants were there when he bought)
• [8 MONTHS - completely quiet]
• Aug 21: Police show up at 8:49 AM, arrest someone, damage my fence
• [35 days pass]
• Sept 25: Attorney letter arrives (10-day deadline demanding resolution)

Critical Details:

• The arrest was tenant's BROTHER (visitor on probation), not my tenant
• Attorney claims "ongoing nuisance" but there's been 8 months of silence
• Tenants tell me neighbors have been using racist language toward them
• Attorney letter mentions "vulgar language" and "threats" but no police reports or documentation of this
• Tenants are already actively house hunting (started before attorney letter)

Attorney's Demands:

• Vague "resolve the matter" in 10 days (by Oct 5)
• Claims multiple neighbors but won't say who
• Cites the arrest prominently (but doesn't know it was a visitor)

My Current Thinking:

• Get police report Monday (confirm visitor arrest)
• Work directly with tenants on move-out timeline
• Maybe help with moving costs if it speeds things up
• Send short response to attorney: "Matter being resolved, tenants relocating"
• Don't engage with neighbors at all

Specific Questions:

• Visitor arrest - I'm assuming zero liability here since it wasn't my tenant. Anyone know different?
• 8-month gap - Doesn't this kill any "ongoing nuisance" claim?
• Should I even respond to attorney or just let tenant move-out speak for itself?
• Fence damage - Include in negotiations or totally separate?
• Any red flags I'm missing? Something that could bite me later?

Not looking to fight this or get aggressive. Just want to make sure I'm not walking into something stupid by keeping it simple.

Anyone been through similar? Am I overthinking or underthinking this?

Appreciate any wisdom. Will update thread with outcome for future BP members facing similar.

Marc Winter · Answer

@Marc Cha, tough situation, but here are some suggestions on how to proceed

1. Visitor Arrest — Liability

• General rule (CA): You’re not liable just because a guest of your tenant was arrested, unless you (1) knew about illegal activity and ignored it, or (2) the lease says you have to screen/approve visitors and you failed to enforce it.
• What to do:


Get the police report. Confirm the arrested person’s name and that it’s not your tenant.


Keep that on file in case the neighbor’s lawyer tries to conflate visitor vs. tenant.
• Get the police report. Confirm the arrested person’s name and that it’s not your tenant.
• Keep that on file in case the neighbor’s lawyer tries to conflate visitor vs. tenant.

General rule (CA): You’re not liable just because a guest of your tenant was arrested, unless you (1) knew about illegal activity and ignored it, or (2) the lease says you have to screen/approve visitors and you failed to enforce it.

What to do:

• Get the police report. Confirm the arrested person’s name and that it’s not your tenant.
• Keep that on file in case the neighbor’s lawyer tries to conflate visitor vs. tenant.

Get the police report. Confirm the arrested person’s name and that it’s not your tenant.

Keep that on file in case the neighbor’s lawyer tries to conflate visitor vs. tenant.

2. “Ongoing Nuisance” Claim — 8-Month Gap

• “Nuisance” in CA usually means a substantial, ongoing interference. Sporadic complaints with long silent gaps (especially no police reports) make that hard to prove.
• If the neighbors can’t show a pattern (logs, reports, multiple calls), their case is weak.
• A single arrest of a visitor is not an ongoing nuisance.

“Nuisance” in CA usually means a substantial, ongoing interference. Sporadic complaints with long silent gaps (especially no police reports) make that hard to prove.

If the neighbors can’t show a pattern (logs, reports, multiple calls), their case is weak.

A single arrest of a visitor is not an ongoing nuisance.

3. Responding to the Attorney Letter

• You don’t want to ignore it—that can invite escalation or a claim you were “unresponsive.”
• A short, neutral reply (preferably from you or a property manager or lawyer) is usually enough:

You don’t want to ignore it—that can invite escalation or a claim you were “unresponsive.”

A short, neutral reply (preferably from you or a property manager or lawyer) is usually enough:

• Don’t debate facts or argue about neighbors’ behavior (racism, etc.). Keep it factual and boring.
• If you’re worried about tone or liability, have an attorney send this 3–4 sentence reply.

Don’t debate facts or argue about neighbors’ behavior (racism, etc.). Keep it factual and boring.

If you’re worried about tone or liability, have an attorney send this 3–4 sentence reply.

4. Working With Tenants

• Since they’re house hunting anyway, helping with moving costs can be a smart, quiet way to end conflict fast.
• Keep communications written and respectful. Don’t reference the neighbor dispute—just “mutually agreed move-out.”

Since they’re house hunting anyway, helping with moving costs can be a smart, quiet way to end conflict fast.

Keep communications written and respectful. Don’t reference the neighbor dispute—just “mutually agreed move-out.”

5. Fence Damage

• Separate issue.
• If police caused damage, file a damage claim with the city/county PD. Usually you have to do it within 6 months.
• If it was during the arrest, the PD may cover repair.

Separate issue.

If police caused damage, file a damage claim with the city/county PD. Usually you have to do it within 6 months.

If it was during the arrest, the PD may cover repair.

6. Red Flags / Risk Checks

• Insurance: Notify your landlord insurance if you think this could become a liability claim (nuisance, harassment). They sometimes provide legal defense.
• Retaliation claims: Don’t do anything that could look like you’re pushing tenants out because of their complaints about racism or neighbor harassment. Frame move-out as tenant’s choice and document it.
• Fair Housing: Be careful not to appear to side with racist neighbors or force out tenants because of their identity. Stick to neutral language: “They’re relocating voluntarily.”
• Management company: Good idea to hand over after this is done—they’ll know how to handle neighbor complaints.

Insurance: Notify your landlord insurance if you think this could become a liability claim (nuisance, harassment). They sometimes provide legal defense.

Retaliation claims: Don’t do anything that could look like you’re pushing tenants out because of their complaints about racism or neighbor harassment. Frame move-out as tenant’s choice and document it.

Fair Housing: Be careful not to appear to side with racist neighbors or force out tenants because of their identity. Stick to neutral language: “They’re relocating voluntarily.”

Management company: Good idea to hand over after this is done—they’ll know how to handle neighbor complaints.

Bottom Line / Simple Plan

• Pull the police report Monday.
• Offer tenants a smooth exit and maybe a small move-out incentive.
• Send a short, factual response to the attorney (you or a lawyer).
• File a claim for the fence damage separately.
• Don’t get pulled into neighbor drama or racism dispute.

Pull the police report Monday.

Offer tenants a smooth exit and maybe a small move-out incentive.

Send a short, factual response to the attorney (you or a lawyer).

File a claim for the fence damage separately.

Don’t get pulled into neighbor drama or racism dispute.

If the tenants leave soon, the nuisance claim likely fizzles—especially with no documented pattern and no police involvement besides the visitor’s arrest.

Corby Goade · Answer

I think you are overthinking it. It's not uncommon for people to try for money grabs with landlords- Just had this conversation the other day with a friend of mine just getting in the game, same situation.

Any time a neighbor complans to me as an owner or PM, my response is the same; "That's terrible, call the police right away."

Noise complaints, safety complaints, nuisences, etc- those are legal matters, not landlord matters.

As for your specific situation- they're just reaching out to you because they think you have money and the tenants probably don't, but the tenants are the ones creating the theoretical nuisance.

Personally, if you are getting the tenants out, I don't think I'd even respond.

Dan H. · Answer

Mark’s reply is very good (I upvoted it) but a couple items I have a different perspective.

My lease and hopefully your lease places all repairs that is not usual wear and tear on the tenant.  The tenant should file with the jurisdiction for reimbursement for the fence damage and in the event that they fail to collect, the tenant is responsible for the costs.  It was their guest that resulted in this damage.   Let them take on the effort involved.

I see no need to pay the tenant unless you want to place a timeline on move out (which could be a good idea). 8 years without a rent increase implies you have already compensated them plenty.  Note if you are not going to manage your property, pay someone to manage it.   You would have made more money using a PM.  I recognize you seem to know this as you indicate you will use a pm for the next tenant.

I would use a lawyer for the response to the lawyer.   I like tough, no BS lawyers.  Get referrals to find one.  Some claim to be such and are not.  I had one (he retired) that put a local lawyer so in his place the local lawyer resorts to calling me names (in fairness I cal, him 2 bit, short for 2 bit lawyer which seems correct - he is much less creative and just uses profanities to describe me) and taking off in the opposite direction when I am around.

Good luck

Marc Winter · Answer

@Marc Cha

#4: Always best to have something in writing between landlord and tenant.  I'd suggest move-out help as a 'reward' for being a great long-term tenant. Cash for keys implies you are trying to buy them out to avoid an eviction.

#6: I'd let them know only if things do escalate.  Unless you want them to be involved with the property damage (fence).

Timeline: Did you find out who the attorney is representing?  In any event, I'd respond with a short note once you have something in writing with the tenant.  Don't send the attorney your tenant agreement; just let them know it's being addressed, as explained in my post.

NOTE:  I am not an attorney and am not providing legal advice.  I am a real estate broker and investor speaking from my own experience.

Marc Cha · Answer

Thanks [@Marc Winter] - this is exactly the sanity check I needed.

Really appreciate the structured breakdown. Few quick follow-ups:

Move-out documentation (#4): Good call on keeping it "mutually agreed" with no mention of neighbors. Should I do a formal "Cash for Keys" agreement, or just a simple written move-out agreement with "landlord assistance with moving expenses: $X"? Trying not to make it look like I'm paying them to leave because of complaints.

Insurance notification (#6): Hadn't thought about notifying insurance - is this a "just FYI" call or formal claim? Don't want to raise my rates over nothing, but also don't want to get denied coverage later if this escalates.

Timeline question: Given their 10-day deadline (Oct 5), should I respond to attorney before or after I lock in tenant move-out? Thinking:

• Monday: Get police report
• Tuesday: Finalize move-out with tenants
• Wednesday: Send attorney response

Or respond to attorney first to "stop the clock"?

Thanks again - your point about the 8-month gap killing the "ongoing" claim really helps. Going to keep everything boring and factual like you suggested.