Tenants Complaining About Other Tenants

Tenants Complaining About Other Tenants

Ryan DenmanPro Member
Erie, CO · Member since 2018 · 44 posts · 14 votes

I have a rental house in Colorado which is a 3/2 ranch on the main floor and has the basement finished as a 1/1 with its own entrance.  While I lived there renting the basement was a nice bump in extra income and the tenants who lived in the basement apartment were pretty easy going, aside from an occasional marijuana small in the house (I allowed them to smoke in the backyard).  My family moved out of the top floor and into a townhouse and now rent the top floor of the original house separately from the basement.  Things were good for a month or so, and then the top level tenants started complaining to me about marijuana smells.  I went over on occasion to verify the condition, but there was not a lot of evidence of it.  I suggested the tenants communicate between themselves to resolve the issue.  Another month goes by and I get complaints from the downstairs tenants about high levels of noise in the early morning, issues in the laundry room, and constant badgering via text for the upstairs tenants.  

The house is not "designed" as an up/down duplex so a fair bit of noise (music, walking, running, voices) can travel between floors, as well as smells with the shared ducting for the house.  The tenants upstairs are 6 months into a 1 year lease and the basements tenants are on month to month.

What are some good ways to handle the situation?

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Investor · Hove, United Kingdom · Member since 2017 · 42 posts · 34 votes
6y

@Ryan Denman that is a challenging one.  When I used to rent by the room I dealt with similar issues.  After enough "parenting" of my tenants I just rented the whole house as one unit.  Could not be happier with that decision.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    If marijuana is legal in CO and your lease doesn't forbid it, there probably isn't much you can do about it other than the two of them working it out.  On the other hand if it is illegal and/or your lease forbids it, then tell them they are in violation of the lease.

  • Rental Property Investor · Colorado Springs, CO · Member since 2020 · 433 posts · 284 votes
    6y

    Does your lease have a Quiet enjoyment clause? We had tenants that didn’t play well together and we sent them both a notice, and included the verbiage from the Lease, they figured it out themselves.

  • Investor · Hove, United Kingdom · Member since 2017 · 42 posts · 34 votes
    6y

    @Ryan Denman that is a challenging one.  When I used to rent by the room I dealt with similar issues.  After enough "parenting" of my tenants I just rented the whole house as one unit.  Could not be happier with that decision.

  • Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    6y

    Sounds like it's become a tit for tat passive aggressive scenario. In the past we found one will finally cave & move out. 

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    6y

    @Ryan Denman

    Give them both the “happy clause “. If neither takes the bait and that does not solve the problems then pick your least favorite for non-renewal.

  • Rental Property Investor · Henrico, VA · Member since 2019 · 265 posts · 155 votes
    6y

    I agree, these situations are not fun, and the end resolution is likely for one to move out. Better sooner than later.  Is the one that has 6 months left ok, or agitators?  The month to month would be quicker. We had a similar situation, over under duplex, the lower tenant had been there 7 years, but the last few months really got into it with the upstairs tenants with a variety of complaints. Mail, trash can location, laundry at night, noise from couple arguing, etc.  At one point, she began tripping the breaker so there was no AC during the summer for the whole house.  After a couple HVAC repair calls, I caught possible wind of what the probable cause was and locked the breaker box. After she moved out, made sure the next lease had a quiet enjoyment clause including a quiet time from 1030pm to 630am and no use of laundry facilities during that time, among other provisions. 

    And if you're inclined, there are noise dampening mitigation measures you can employ.  Carpets with pads on the upstairs floors first and foremost.  There is also acoustic sound insulation and even Rc1 channels that can be installed in the lower units ceiling to create a more sound insulated unit between the two. Of course, that is work but if you plan to keep it for a long while, it could help to keep the peace for future tenants. 

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

    Even if marijuana is legal in your state, you should have a policy against smoking indoors and a "right to quiet enjoyment" clause that essentially tells them to be good neighbors.

    I would give the smokers a written warning that their smoking is bothering the neighbors. They can smoke outside, switch to edibles, or move somewhere else. Then if it still continues, I would get rid of them.

    The rest of the complaints sound like petty bickering that I would ignore. Once Tenants get mad at each other, they tend to look for every little violation.

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  • Member since 2018 · 58 posts · 24 votes
    6y

    @Ryan Denman

    These two groups of people are not going to work it out among themselves. The issue is the marijuana smoking. The upstairs want it stopped, and they will continue to try to annoy the downstairs people, hoping they will leave.

    Smoking any substance is a huge issue in close quarters living situation. If you choose to allow it or disallow it, it needs to be disclosed in the lease. If allowed, tenants should acknowledge in the lease that it is allowed, and neighbors’ odors may be present.

    In the present situation, I think the only issue that needs addressing is the marijuana smoking. If that stops, you can tell the upstairs people, since it is stopped, please be extra considerate of the downstairs people, and they probably will. So, ask the downstairs people if they are willing to stop all smoking on property, to stay, otherwise perhaps they need to go.

  • Flipper/Rehabber · Memphis, TN · Member since 2020 · 758 posts · 285 votes
    6y

    You can send a notice regarding the indoor smoking, you may tell them to smoke outdoor or somewhere else.

  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y

    Well, some possible options:

    1. The downstairs tenants can pipe some ganja smoke into the house HVAC - everyone is high, no one is mad.

    2. You can set up an "American Gladiators" ring in the backyard and have them duke it out.

    3. Move a third tenant with a loud Harley into a shed on the property and give the existing two a new common hate denominator.

    OK, all kidding aside: other than smoking in the house I wouldn't get involved in any of the other complaints. One of the problems with living in a multi-unit is that you are living in a multi-unit. That means putting up with other people's crap. If you don't like listening to banging, voices, and other stuff, you have to have your own personal non-attached unit. Yes, it would be nice if people acted kindly towards their neighbors but there's plenty of "Screw you, I'll do what I want" people out there and you're not going to solve that. So address any smoking inside, and let the rest of the chips fall where they may. If both move out, you can perhaps make the unit more palatable for multiple people living there (insulation, separate ducting, etc). 

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  • Real Estate Investor · Hayward, CA · Member since 2015 · 134 posts · 88 votes
    6y

    My units are all non-smoking, and it is in the rental agreement, as second hand smoke is harmful and any smoke lingers inside the units after they move out.  If they violate it, I first email or text them, then I follow up with a call, giving them a heads up that it will not be tolerated and they will have to leave if it continues.  No smoking, of anything, within 20 feet of the building.  Has worked so far.  If it's not already in your lease, you can send them both an addendum to the lease by certified mail.  If lower unit has a problem with it, then they need to move.

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