TENANTS NOISE COMPLAINTS

[Bryan Findlay]

Have a younger family that pays rent on time.  2 neighbors called me to make the complaint.  We have rented for 8 years and never a complaint. I spoke with the neighbor who said basically the tenants every weekend are partying but outside which is near her window.  It goes until 1 am or so loud music, voices, beer bottles breaking.  I familiarized myself with the city ordinance and have law enforcement experience but lacking the landlord side.  I decided to draft up a brief letter which basically was pointing out the complaint and a reminder to be mindful of other neighbors.  The tenants in response sent me a case law and penal code which states they can play music up unitl 11PM per some noise act.  I know this is untrue and their are violations but explained I didn't want to get into such debate unless necessary.  The follow up was tenants send me a message, "Net time they have an issue have them come to us....not you.  oh.....and by the way we are having a live band and birthday party next weekend so make sure to invite the neighbors.."  I documented the incident, explained to the neighbor to contact PD if her  piece is being disturbed which will get me a paper trail. What should I have done or am I going about this proper?

[Wesley W.]

I would recommend against getting in the middle of this.  You are the landlord, not the social worker.  If you set this precedent, they will be calling you for every little thing to tattle on each other.

I would inform the neighbor next time to call the police and make a noise complaint.  Ask them to send you a copy of the police report when it is generated.  If it happens repeatedly, or if the police aren't really taking care of business, THEN you can send a notice to cure.  Hopefully you have verbiage in your lease against this sort of thing.  Failing that, I would just not renew their lease.  They sound like tools, those tenants.  This is why I only offer MTM leases.

[Dennis M.]

@Bryan Findlay Sounds like you got a real loser on your hands . I believe I’d find a way to get them out asap before you have the entire neighborhood up in arms and police cars out there every Friday night . You dont need the aggrevatIon . Don’t be worried about his case law letters or penal code regulations nonsense

[Antonio Figueroa]

How did this end?  I'm in a similar situation where the upstairs tenant is making noise until until very late impacting my downstairs tenant peace. 

[Julie Hartman]

Originally posted by @Antonio Figueroa:

How did this end?  I'm in a similar situation where the upstairs tenant is making noise until until very late impacting my downstairs tenant peace. 

I am sorry you are caught in the middle of a situation like this. We go through this every now and then but luckily manage mostly single family units now. As a PM, there is little you can do about this unless you also manage the unit above. We tell our tenants to speak with the offending neighbors if possible and see if that helps. Otherwise, if they are disturbing the peace during quiet hours, they should keep a log of the noises (time, type, who, etc), and maybe call the police. If there is an HOA, you can try appealing to them about it. Or you can locate the landlord for the upstairs unit (if it's being rented) and appeal to the landlord. Beyond that, you can't do anything about it and in all likelihood your tenants will vacate when their lease expires. Some things are beyond a PM's control.

[Antonio Figueroa]

I sent over the Comply with Lease Agreement notice that is included in The Book on Managing Rental Properties (great book to ready/listen to) along with a copy of their lease (which they have but I sent it to reinforce/remind them they did sign a lease) yesterday and they came back saying they were going to work on the items.  Also informed the complaining tenant and asked them to let me know if things get any better.  I dont want to be a mediator so I just point everyone back to the lease which has things about noise and hours to be quiet.  Best case they comply, worst case lease is up in 3 months and I have documented notices in their file to support denial for renewal. Dont want to go down that route, think/hope it's just a matter of guidance/training of the tenants.  As long as they follow the lease everyone should be comfortable and the house maintained.

Thanks!