Tenant Noise Complaints - Best way to handle

Tenant Noise Complaints - Best way to handle

Chicago, IL · Member since 2016 · 8 posts · 3 votes

Hello BP Community - I'm Ashley. I am new to BP and relatively new to landlording as well. My first (and only) deal is a 3 unit multifamily building that I'm currently house hacking. 

I live on the first floor and have tenants occupying the 2nd and 3rd floor units. My issue is that the two tenants are both trading noise complaints against each other and I don't know the best way to handle the complaints. I don't really want to lose either tenant but the complaints are too much at this point and I want to know how best to resolve. Can you help?? 

The 2nd floor tenant is very LOUD - in general. She's a loud talker, has loud phone conversations, loud homework help with her kids, loud cooking, loud everything, and the walls are thin. I've sent her emails on the noise levels (noise that I've personally observed) and she apologizes and promises to address, but eventually she gets loud again, slowly but surely. I think it's just her nature, and she's always home which only increases the frequency of the noise. She also complains often about minor, non-issues. She's annoying but pays on-time and was one of the best applicants (on paper). Her unit is immaculate, as she's always cleaning, which is another plus. 

The 3rd floor tenant is very quiet (from what I can tell from the 1st floor). She rarely complains about anything and is rarely ever home - I actually never hear from her, it's great. Her unit is also kept very neat and clean and she also always pays rent on-time. 

The 2nd floor tenant (the LOUD one) was the first to complain - she said she heard loud banging noises at 2-3 AM, and couldn't sleep. Essentially I ignored the first complaint (maybe it was the wrong move, but it seemed too much like the pot calling the kettle black). I didn't address it in hopes that it was an anomaly and would work itself out. She went on to complain again about the same issue several more times, so I emailed the 3rd floor tenant to make her aware of the noise and ask her and her children to keep it down during those hours. 

In response, (and probably in disgust that such a loud person would have the audacity to make a noise complaint against her) the 3rd floor tenant unleashes a flurry of complaints of days and times when she has been disturbed by the 2nd floor tenant. And it's just continued on in that fashion - tit for tat noise complaints from both tenants. My only response is to email each regarding the other's complaints, but at what point is email not enough? 

I definitely don't want to lose two good paying tenants, but that might be where this is headed. What's my best way forward? 

Thanks! 

Ashley 

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Member since 2016 · 13k+ posts · 12k+ votes
9y

Being good paying tenants is irrelevant in this situation and simply a excuse on your part to avoid doing what is necessary. Your second floor tenant is a bad tenant. As a landlord you have a responsibility to insure that all tenants live with what is referred to as "reasonable enjoyment". If one tenant is disturbing other tenants it is defiantly your responsibility to protecting your business by resolve the problems. This is not a squabble between tenants it is a situation of one tenant not respecting other people.

Loud tenants will always be loud and will, in your housing situation, always disturbe the other tenants. Maintaining tenants on the 3rd floor will be a ongoing problem until you get rid of the loud second floor tenant.

Give your loud tenant one more warning and inform her that if the disturbance continues you will be forced to terminate her. Make sure you present the issue as her noise being a disturbance for you and leave the other tenant out of the issue.

Avoiding this issue is not a responsible position for you to take as a landlord. Get prepare to evict a undesirable tenant.

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  • Rental Property Investor · Cleveland, OH · Member since 2015 · 1k+ posts · 880 votes
    9y

    First off, you're not a referee, you're a landlord. My suggestion would be to make sure that each one knows that they are to work out domestic disputes with their neighbors amongst themselves. I'm assuming they know that you're also the owner/landlord/property manager? 

  • Chicago, IL · Member since 2016 · 8 posts · 3 votes
    9y

    Thanks Matt! - I don't want to be a referee, I just don't know the best way to handle, besides sending emails. I tried ignoring the first complaint in hopes that they'd work it out - what happened was that they did interact directly, but nothing really came of that. Yes they know I am the owner/landlord/property manager. Should I just tell them "work it out amongst yourselves"? Or maybe include a clause in the next lease that explicitly lists this as their responsibility? 

  • Orlando, FL · Member since 2016 · 19 posts · 3 votes
    9y

    i would definitely re explain the living situation and point out any area of the lease either may be in violation of, and if you don't have anything in the lease regarding noises be sure to add it in the future.

  • Chicago, IL · Member since 2016 · 8 posts · 3 votes
    9y

    Thanks Frank! I do have a section in the lease about not disturbing other tenants, so I'll point that out and be sure to make it clear that tenants should resolve their issues internally whenever possible. Thanks for the tips! 

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Being good paying tenants is irrelevant in this situation and simply a excuse on your part to avoid doing what is necessary. Your second floor tenant is a bad tenant. As a landlord you have a responsibility to insure that all tenants live with what is referred to as "reasonable enjoyment". If one tenant is disturbing other tenants it is defiantly your responsibility to protecting your business by resolve the problems. This is not a squabble between tenants it is a situation of one tenant not respecting other people.

    Loud tenants will always be loud and will, in your housing situation, always disturbe the other tenants. Maintaining tenants on the 3rd floor will be a ongoing problem until you get rid of the loud second floor tenant.

    Give your loud tenant one more warning and inform her that if the disturbance continues you will be forced to terminate her. Make sure you present the issue as her noise being a disturbance for you and leave the other tenant out of the issue.

    Avoiding this issue is not a responsible position for you to take as a landlord. Get prepare to evict a undesirable tenant.

  • Missy H.Pro Member
    Investor · Bloomfield, NJ · Member since 2015 · 207 posts · 121 votes
    9y

    I recently had a similar situation in my duplex.  Thank God I do not live there.  Both tenants are relatively new.  The downstairs was the first to complain about the upstairs.  Then the upstairs called me to complain about the downstairs.  I told them both, over the phone that the city has a noise ordinance prohibiting disturbing loud noises after 9 or 10 pm.  If they have a problem after 9 or 10, call the police. If they have a problem with noise before that hour, they should communicate with each other.  I explained that if the next door neighbor (not my property) was too loud during the day, they would either put up with it or say something to the neighbor.  They would not call me, so if either the downstairs or upstairs tenant is too loud, don't call me either.

    When I went to visit the property last week for the early HVAC maintenance, both of them were home and I spoke to them together and reiterated what I told them previously over the phone.  They need to communicate with each other and work it out.

  • Chicago, IL · Member since 2016 · 8 posts · 3 votes
    9y

    Thanks for the feedback @Missy H. !! It helps to hear how you handled a similar situation, I'l see if my city has a similar ordinance and use it for increased enforcement . Thanks @Matt Motil and @Frank Squire !- I appreciate the insight. Admittedly I'm a novice and I incorrectly assumed that tenant disputes were my responsibility to rectify, but I see now that I should let them handle it themselves, thanks for the feedback! "You're a landlord not a referee" is great advice, thanks! @Thomas S. I appreciate the honest critique, I'm still learning the dos and don'ts of land lording - thanks for the insight. 

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Basically the noise ordinance is always in force, it's not limited to after 9 pm. Tenants are required to keep a peaceful environment. If its documented with a call from police regarding noise, even during the day, then you have a reason to give a lease violation. Of course send a notice or contact your tenants and let them know the level of noise generated from their apartment is disturbing within the building,to please take measures to correct this. 

    It's a matter of tolerance and being made aware their boisterous manner is not suitable. 

    Let them both know if the noise level is not suitable to contact you, You then have the choice to come to the apartment Listen, Knock tell them is clearly excess noise, and not permitted and next time you will contact the police. If you can stand outside the door and clearly hear the TV or Radio or Loud Voices it's to loud. Ask them to step outside in the hall with the door closed , to test level that's within reason.

    The less you involve police for noise issues the better, your property doesn't want to have record of unnecessary response calls. Unless it's 2 am,, then call the police yourself and let them pound on the door. 

  • Chicago, IL · Member since 2016 · 8 posts · 3 votes
    9y

    @Deanna McCormick Thanks for the feedback Deanna, it's much appreciated! I'll look into printing our local noise ordinance and the section of my lease on disturbing other tenants' enjoyment or use of the property. And I agree - I definitely don't want to have a record of unnecessary or excessive calls to the police! Thanks :) 

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Good luck, I had 9 buildings, 3 floors, 120 units,  a shared community, day sleepers,  crying babies, and occasional loud stereos, having them step outside the door and listen made them realize YA it's to loud. Work out equipment was a huge issue.

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