Upstairs Tenant Purposely Making Noise During Showings

Upstairs Tenant Purposely Making Noise During Showings

Lauren HoganPro Member
Rental Property Investor · Denver, CO · Member since 2016 · 86 posts · 160 votes

I need advice! I own a upstairs/downstairs duplex in Denver, purchased in October. The upstairs rented out quickly in November and we have a 6-month lease with those tenants through May 31. The downstairs, it's a garden-level, needed renovation. We finished updates in December, and placed the downstairs on the market for rent.

We've haven't had any luck finding tenants until we recently lowered the unit to a price point that meets the market. Since then, we've had a number of showings. Probably 20 in the last 2 weeks. Whenever the tenants upstairs are there, which is often as one doesn't have a job, they stomp around the unit. It's only 826 sq ft. 

At first, we thought it was an older house with little soundproofing, BUT today we watched the upstairs tenants leave the house, notice people were walking into the downstairs to view the unit, and walk back into the house to stomp around for 10 minutes and then leave again. I'm 100% positive they are doing this purposely to deter anyone from moving in below. 

Our lease with the upstairs tenants ends in May, and we will not renew with these tenants. However, what are we supposed to do in the meantime? Continue to show the unit and hope for the best? 

We used a BiggerPockets lease agreement, which contains the following under Use of Premise: 

Tenant agrees to limit use of the Premises to those uses consistent with the Premises’ clean, safe, sanitary, and habitable condition. Neither Tenant nor Tenant’s licensees or invitees shall be a nuisance or act in any manner that would interfere with the quiet enjoyment by adjacent property owners. This prohibition includes, but is not limited to, loud noises, loud music, noxious or unpleasant odors, and disruptive behavior or actions.

Advice PLEASE! 

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Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
6y
Originally posted by @Lauren Hogan:

I need advice! I own a upstairs/downstairs duplex in Denver, purchased in October. The upstairs rented out quickly in November and we have a 6-month lease with those tenants through May 31. The downstairs, it's a garden-level, needed renovation. We finished updates in December, and placed the downstairs on the market for rent.

We've haven't had any luck finding tenants until we recently lowered the unit to a price point that meets the market. Since then, we've had a number of showings. Probably 20 in the last 2 weeks. Whenever the tenants upstairs are there, which is often as one doesn't have a job, they stomp around the unit. It's only 826 sq ft. 

At first, we thought it was an older house with little soundproofing, BUT today we watched the upstairs tenants leave the house, notice people were walking into the downstairs to view the unit, and walk back into the house to stomp around for 10 minutes and then leave again. I'm 100% positive they are doing this purposely to deter anyone from moving in below. 

Our lease with the upstairs tenants ends in May, and we will not renew with these tenants. However, what are we supposed to do in the meantime? Continue to show the unit and hope for the best? 

We used a BiggerPockets lease agreement, which contains the following under Use of Premise: 

Tenant agrees to limit use of the Premises to those uses consistent with the Premises’ clean, safe, sanitary, and habitable condition. Neither Tenant nor Tenant’s licensees or invitees shall be a nuisance or act in any manner that would interfere with the quiet enjoyment by adjacent property owners. This prohibition includes, but is not limited to, loud noises, loud music, noxious or unpleasant odors, and disruptive behavior or actions.

Advice PLEASE! 

 Tell them you'll evict them if they don't STFU. Whether or not you'll actually want to go through with it in May is not relevant. What they need to know is that you are willing to do it. So there is at least a decent chance it will correct the behavior. Might not though but you miss 100% of the shots you don't take.

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  • Member since 2020 · 137 posts · 158 votes
    6y

    I spent 5 minutes considering building a two level duplex. Most of that time was spent trying to convince myself that I wouldn't regret it. Given the option between two SFR next to each other or one duplex (side by side or two story), I've decided that SFR was the best choice for fewer headaches.

  • Investor · Minneapolis, MN · Member since 2014 · 743 posts · 927 votes
    5y

    Two thoughts, I always go in and talk to tenants when there is obviously an issue.  It's amazing what you find out and as Nathan commented on, what's up with not talking directly.  I find that when I come in for a conversation, the problem gets resolved as so many people are passive aggressive and talking takes that away.  90% of my tenants are under 30 and they'd rather text me than ever talk to me directly.

    I'm a GC and sound proofing the right ay is very expensive to retrofit.  The cheapest way to mitigate it on an up/down duplex is carpeting.  That being said, I hate carpeting in rental units as it gets dirty/worn ect but it is highly effective.

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