Noisy Tenant, Heavy Drinker

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Noisy Tenant, Heavy Drinker

Hope S.
Investor · Cape Elizabeth, ME · Member since 2016 · 25 posts · 11 votes

I have a single male tenant who move in in September.  He pays rent on time, sometimes two months at a time.  He is kind of needy but otherwise a decent tenant from a landlord's perspective.  

Problem is he is apparently very loud and has disturbed the upstairs tenant on several occasions.  Upstairs tenant is my longest running tenant I want to keep happy.  After the last noise complaint, upstairs tenant did some sleuthing and sent me an arrest and OUI record I did not find in my own background check.  Upstairs tenant also reports lots of bags of empty bottles coming out of new tenants unit.   The new tenant did report an OUI on his application, but that was "10 years ago" (which was not true).

How would you handle?   Give the new tenant a stern warning, reveal the lie in the application?  I am worried of a misstep and then a bigger problem over the long winter months.   

Any tips appreciated.

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Patricia Steiner
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
6y

The tenant should call the police AND you should send the tenant A Notice To Quit for Reason Other Than Non-Payment of Rent. By law, tenants are entitled to the peaceful use of their units. This doesn't mean no sound but it does mean they don't have to tolerate a drunken noisy dude.  Should you fail to enforce the lease and ensure this right, your tenant can break the lease.  Let drunken dude know that "we hear you, we don't want to,and it's against your lease to intrude on other tenants' rights."  

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  • Sheldon ZimmermanBusiness Member
    Real Estate Agent · Lancaster, PA · Member since 2018 · 63 posts · 59 votes
    6y

    You will want to review your state's rules and what the lease says. In the state of PA what I have done before is post the door with a letter stating they are breaking the lease for quiet enjoyment of all parties living at the property. And if it is not corrected we begin the eviction process. But again please check your state laws and the lease that the tenant signed. Another thing is to tell the tenant upstairs to report it to the police. Then once there are reports created by the police you can show that to a judge if he does not move out. But I found it is always best to just talk to the tenant and have a civil conversation before you start any of that. 

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  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    The tenant should call the police AND you should send the tenant A Notice To Quit for Reason Other Than Non-Payment of Rent. By law, tenants are entitled to the peaceful use of their units. This doesn't mean no sound but it does mean they don't have to tolerate a drunken noisy dude.  Should you fail to enforce the lease and ensure this right, your tenant can break the lease.  Let drunken dude know that "we hear you, we don't want to,and it's against your lease to intrude on other tenants' rights."  

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  • Michael Noto
    Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    6y

    I wouldn’t bring up the past DUI. It’s not his problem that your background check didn’t catch it and he did let you know. Getting into the dates with him is kind of petty. 

    Send a letter to all units reminding them of the quiet enjoyment clause in their lease and let it play out from there. If you just call out the noisy guy only he is going to know someone told on him which may make things worse. By sending the letter you addressed the situation in the quickest most efficient way. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    When screening applications, you are trying to identify risk to the property, your income, your time, and your neighbors. Having a DUI in the past doesn't really pose a risk to any of you. Him drinking a lot and hauling out a lot of bottles doesn't pose a risk and is none of your business.

    Being a noisy neighbor is a problem. I would send him written notice and warn him that another complaint may result in eviction.

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  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    All the advice above is good and sound.  Additionally, we stipulate in our leases that two or more 'domestic disturbance' calls that involve the police coming to the unit are grounds for eviction.  Have the 2nd fl tenant keep a written record of date/time/disturbance, and contact the popo as needed.  The noisemaker should get the message.  If not, evict!

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  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    6y
    Originally posted by @Hope S.:

    I have a single male tenant who move in in September.  He pays rent on time, sometimes two months at a time.  He is kind of needy but otherwise a decent tenant from a landlord's perspective.  

    Problem is he is apparently very loud and has disturbed the upstairs tenant on several occasions.  Upstairs tenant is my longest running tenant I want to keep happy.  After the last noise complaint, upstairs tenant did some sleuthing and sent me an arrest and OUI record I did not find in my own background check.  Upstairs tenant also reports lots of bags of empty bottles coming out of new tenants unit.   The new tenant did report an OUI on his application, but that was "10 years ago" (which was not true).

    How would you handle?   Give the new tenant a stern warning, reveal the lie in the application?  I am worried of a misstep and then a bigger problem over the long winter months.   

    Any tips appreciated.

     You are too involved. Cities have noise ordinance for a reason. Tell the upstairs neighbor to contact the police if the she thinks the downstairs guy is violating the noise ordinance of the city. All this other stuff, past DUI, bottles in his garbage....none of it has anything to do with you. Your job is to provide habitable housing in exchange for money. Nothing more. You are not the tenant's friend, counselor, priest, sounding board, shoulder to cry on, private detective, police officer or anything of that nature. You are the landlord, nothing more.

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