neighbor rights in response to next door tenants causing issues

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neighbor rights in response to next door tenants causing issues

James Bergstrom
Member since 2019 · 6 posts · 2 votes

I am curious whether BiggerPockets has any forum concerning neighborhood rights in respect to absentee landlords. 

I have been a landlord several times in my younger days and now live in a small town neighborhood that has taken a blow from the 2005 real estate bubble trouble and the 2007-2008 subprime mortgage debacle. Many homes went under in this ex-mining town and have been gobbled up by investors from other Arizona cities. My current neighbors were not vetted properly by the landlord (he never met them and didn't run proper background checks) and have systematically begun destroying his property over the short time frame of 4 months. They have no respect for their neighbors (barking dogs at midnight for 2 hours, cars left running for 20-30 minutes even in warm weather so that our carport fills with gas fumes, 6 vehicles on property of which only one is owned by the lessee) and were recently evicted from another house a mere 2 blocks away.

I contacted the landlord, who lives 100 miles away, sent him photos, and he responded, thankfully, and is ready to evict in the near future if the lease is not upheld. Knowing his renters from their long history of infractions, I'm not sure that he knows "how" to evict properly.

BiggerPockets focuses primarily on the positive aspects of real estate investment and may not even touch this subject, however I think it would be a valuable topic since I'm sure any long-term investor has probably had to deal with renters who had to be evicted. My focus is what rights neighbors have when a landlord rents to tenants that turn sour, real sour. Legal aspects, suits, all possible methods for rectifying the situation would be welcome.

If BiggerPockets members do respond to my inquiry, I would ask them to refrain from the standard response, that it's the county's job. Calling the Sheriff, working with the county code compliance officers, these methods do get some results. They do not work to address the attitude of tenants that have no self-respect and thus no respect for their neighbors if the absentee landlord does nothing to remedy the situation. Is a lawsuit the only answer?

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Ned J.Pro Member
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
7y

Your only avenue is going to be through the Sherriff and County code etc etc. etc....

Even if your goal is to force the landlord to take care of these people, you will have to prove all the issues in court and the fact that he/she is not dealing with the situation and it is affecting your rights as a neighborhood tenant. You won't be able to prove anything without those entities being involved in citation and notices of the violations. Until those agencies are formally involved, you will have not have enough evidence in court to make the court force the landlord to do anything. Your testimony and pictures wont cut it. One of the first questions the judge will ask is if you called these agencies and were any formal complaints filed, what came of those investigations, did the landlord comply after them or just ignore them?

"Oh you never filed any complaints or call the authorities? You just jumped to file a lawsuit against the landlord?.....come back when you've followed the proper channels......case dismissed.....next".....

In other words you will never win a "nuisance suit" until you prove the nuisance and the failure of the landlord to remedy the situation...not gonna happen without formal complaints on record with the agencies that handle those complaints.

Your best bet is to repeatedly file complaints, call the cops, code inspectors etc etc..... make it far worse for the landlord to deal with those complaints than it is to deal with ****** tenants....

Your only other option is to appeal to the landlord that his properties are being destroyed..... its bad business....hes losing $$...... and hope you have a landlord that has a clue....doesn't seem promising so far

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  • Damaso Bautista
    Rental Property Investor · Hawthorne, CA · Member since 2018 · 655 posts · 900 votes
    7y

    @James Bergstrom

    It looks like you have researched or have tried to remedy the problem though the normal channels.

    The only remedies I know of are the ones you said you don't want us to suggest.

    So if you have the capital to file law suits to go after absentee land lords then good luck.

    It seems like waste of your money to me but that's my opinion.

    0Reply
  • James Bergstrom
    OP
    Member since 2019 · 6 posts · 2 votes
    7y

    And if you found yourself living next door to this? Would you pack up and sell if your truly loved your home, garden, and 15 years of creating the ideal space? Hahaha....it might be a waste of money, but not a waste of time. When a Nuisance Suit goes on a landlord's record, it's always there.

    And old NLP saying is: "Maintain your outcome, not your position." My outcome is to have peaceful, decent neighbors. My saying: the only way to predict your neighbor's future actions is to have none. 

    Solution: I'm buying the house on either side of my home. When money is no object, no objects stay long in the way.

    0Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    The same could happen in any neighborhood , BUT those neighbors could be homeowners . What would you do then .  You go thru the proper channels with your local government . Landlords can micro manage the tenants , some chose not to .  

    1Reply
  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    7y

    I had a rental townhouse years ago where unit next door was ruining the neighborhood, and the property manager wouldn't do anything about it, even after several complaints to his broker. Police would not do anything unless they saw something happen, even after multiple complaints, and wouldn't even check into that 16+ people were living in a 3 bdrm home, stating they could just be guests. It took me about 2 months to track down the actual owner once I realized manager and police were going to do nothing. Owner said he didn't know anything about it, getting his rent every month and assuming nothing wrong. By the time the owner got involved, his unit was destroyed. It taught me that you cannot choose your neighbors unless you own every house on the street, which I cannot afford, so I stick to single family detached, and HOA's may be a pain but they can force compliance from neighbors breaking the rules much easier than I can.

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  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    Your only avenue is going to be through the Sherriff and County code etc etc. etc....

    Even if your goal is to force the landlord to take care of these people, you will have to prove all the issues in court and the fact that he/she is not dealing with the situation and it is affecting your rights as a neighborhood tenant. You won't be able to prove anything without those entities being involved in citation and notices of the violations. Until those agencies are formally involved, you will have not have enough evidence in court to make the court force the landlord to do anything. Your testimony and pictures wont cut it. One of the first questions the judge will ask is if you called these agencies and were any formal complaints filed, what came of those investigations, did the landlord comply after them or just ignore them?

    "Oh you never filed any complaints or call the authorities? You just jumped to file a lawsuit against the landlord?.....come back when you've followed the proper channels......case dismissed.....next".....

    In other words you will never win a "nuisance suit" until you prove the nuisance and the failure of the landlord to remedy the situation...not gonna happen without formal complaints on record with the agencies that handle those complaints.

    Your best bet is to repeatedly file complaints, call the cops, code inspectors etc etc..... make it far worse for the landlord to deal with those complaints than it is to deal with ****** tenants....

    Your only other option is to appeal to the landlord that his properties are being destroyed..... its bad business....hes losing $$...... and hope you have a landlord that has a clue....doesn't seem promising so far

    1Reply
  • Alan Grobmeier
    Rental Property Investor · Phoenix, AZ · Member since 2013 · 919 posts · 911 votes
    7y

    @James Bergstrom, it SOUNDS like you are in an outlying area like Coolidge, Casa Grande, AZ City or such. 

    IMHO, the reason the landlord did not vet the applicant/tenant is because he/she was glad to have SOMEONE w a pulse make an inquiry.

    As far as 'eviction', it depends on what the contract states.  Evictions for cause can be completed in about 21 days in AZ.

    Remember though, the landlord MIGHT be 'happy' with someone just PAYING.  Even if they are trashing out the place.  :-(

    Sounds like a tax deduction to me.  

    0Reply
  • James Bergstrom
    OP
    Member since 2019 · 6 posts · 2 votes
    7y

    Thank you all for your input.

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