A tenant added a blow-up pool in the backyard

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A tenant added a blow-up pool in the backyard

Mike A.
Port Chester, NY · Member since 2016 · 210 posts · 157 votes

One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

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Patricia Steiner
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y

Why are you allowing yourself to get pulled into this?  You're running a business - not a charm school.  Take a look at your leases...what does it say about "common areas/yard usage."  Manage to that.  If it is not specific, let the complaining tenant know that this is outside the scope of the lease. 

And, really?  A kid size swimming pool in the summer after a long pandemic shut-in seems like a reasonable and expected event.  

Again, you're running a business; don't let the tenants pull you into a whole lot of manufactured drama.  It's a whole lot of nothing else.

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  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    5y

    What kind of blow up pool and how large is it?  I'd be more worried about safety factors when tenants put up pools in unfenced areas.  However, is this a "kiddie" type pool we're talking about here?

    My first thought was get rid of the complaining tenant.  They are on a month to month lease which is easy to terminate with the appropriate notice; this is NOT an eviction but rather a termination of the tenancy at will.  Two different animals here.

    These two are never going to get along and live peacefully.  They may drive you crazy with this petty garbage.  Get rid of the monthly tenant and rerent the unit either at 4 times the other guy's rent or even higher.

    Gail

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Seems like there are a few issues.  Gail is right about liability with the pool-is the yard fenced in, who pays for water and will it kill your grass?  Remind ALL the tenants that the yard is shared space and anything that is done can not restrict access to parking.  Add when quiet hours are.  As for the office, if that is work space then it should be used for business and during business hours only.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    I would notify the renter with the pool that they are going to kill the grass and incur the cost of repair. Suggest they remove it.

    I would try talking to both parties and let them know you aren't going to get in the middle of a personal spat. They need to respect each other by keeping the common/shared space clear and respect each other's right to quiet enjoyment.

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    1Reply
  • Mike A.
    OP
    Port Chester, NY · Member since 2016 · 210 posts · 157 votes
    5y

    It seems like a small kiddie pool, not on the grass, but on the driveway.  The driveway wraps around to the back building where the other tenant resides. He's been a problem tenant since he arrived; first day. Just concerned with the courts not accepting evictions, they may not leave, not pay rent and then we're screwed.

    1Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    Step 1:  Change your lease template immediately : ) 

    Other than that, great suggestions by @Gail K. @Theresa Harris and @Nathan Gesner

    0Reply
  • Steven Foster Wilson
    Rental Property Investor · Columbus, OH · Member since 2017 · 3k+ posts · 3k+ votes
    5y
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

    Simple. Buy a blowup floaty, a six pack of bud light, call both of them out, tell them they have to share the pool, floaty, and six pack. Hopefully that deescalates things....

    0Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    5y
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

    Simple. Buy a blowup floaty, a six pack of bud light, call both of them out, tell them they have to share the pool, floaty, and six pack. Hopefully that deescalates things....

    Please tell me "blowup floaty" is not Ohio code for an inflatable girlfriend.

    3Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Mike A.:

    It seems like a small kiddie pool, not on the grass, but on the driveway.  The driveway wraps around to the back building where the other tenant resides. He's been a problem tenant since he arrived; first day. Just concerned with the courts not accepting evictions, they may not leave, not pay rent and then we're screwed.

    The eviction moratorium pertains to non-payment of rent. Tenants can still be terminated/evicted for other things. I would clamp down on the problem tenant with a written warning and a warning that one more issue will result in a 30-day Notice of Termination.

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    2Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Mike Adams

    As far as I know, you aren’t evicting for non payment. You are ending a month to month lease which is totally doable now. I would get rid of the pita tenant, and tell the other to get rid of the pool

    0Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    5y

    Why are you allowing yourself to get pulled into this?  You're running a business - not a charm school.  Take a look at your leases...what does it say about "common areas/yard usage."  Manage to that.  If it is not specific, let the complaining tenant know that this is outside the scope of the lease. 

    And, really?  A kid size swimming pool in the summer after a long pandemic shut-in seems like a reasonable and expected event.  

    Again, you're running a business; don't let the tenants pull you into a whole lot of manufactured drama.  It's a whole lot of nothing else.

    3Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Mike A. Your lease should address common area use. Even it is a kiddie pool they cannot block the common drive because that interferes with the other tenants quiet enjoyment. I don't allow pools because you get into how small is small etc.  You are going to have a similar problem with the next back tenant if she is blocking the driveway with a pool and bikes so better deal with it now even if you are terminating the PITA tenant. You can get a can of paint or make some kind of marker as well as issuing a lease violation if applicable.  

    2Reply
  • Account Closed
    Member since 2020 · 983 posts · 1k+ votes
    5y

    I think the real issue is about whether or not the swimming pool is actually causing the other tenant a problem and this is the only problem the landlord needs to determine. It is not a good thing for a landlord to micro-manage their properties where many landlords get involved with every insignificant thing landlords don't like to see. So, we need to be cautious, polite and diplomatic in regards to how we approach every issue.

    Go look at the swimming pool and if is really encroaching on the other tenants ability to use his driveway then I think the tenant with the pool is in-the-wrong. Otherwise, if the pool does not create any problems for the other tenant then landlords should want to make sure their tenants can peacefully enjoy the use of the property they are renting.

    We never send warning letters, or a Notice To Comply unless we absolutely have to because I believe these letters express an authority that causes anger and resentment when all you need to do to get your point across is to communicate verbally, or send your tenant a letter that is as nice, short and as sweet as possible. Nobody likes to be threatened when threatening is not necessary.

    2Reply
  • Steven Foster Wilson
    Rental Property Investor · Columbus, OH · Member since 2017 · 3k+ posts · 3k+ votes
    5y
    Originally posted by @Jim K.:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

    Simple. Buy a blowup floaty, a six pack of bud light, call both of them out, tell them they have to share the pool, floaty, and six pack. Hopefully that deescalates things....

    Please tell me "blowup floaty" is not Ohio code for an inflatable girlfriend.

    Thats only in Toledo and Cleveland

    2Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    5y
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

     Shoot it with a blow dart.

    1Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    5y
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Jim K.:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

    Simple. Buy a blowup floaty, a six pack of bud light, call both of them out, tell them they have to share the pool, floaty, and six pack. Hopefully that deescalates things....

    Please tell me "blowup floaty" is not Ohio code for an inflatable girlfriend.

    Thats only in Toledo and Cleveland

    That's so low rent dude. They got those robots now.

    1Reply
  • Steven Foster Wilson
    Rental Property Investor · Columbus, OH · Member since 2017 · 3k+ posts · 3k+ votes
    5y
    Originally posted by @James Wise:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Jim K.:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

    Simple. Buy a blowup floaty, a six pack of bud light, call both of them out, tell them they have to share the pool, floaty, and six pack. Hopefully that deescalates things....

    Please tell me "blowup floaty" is not Ohio code for an inflatable girlfriend.

    Thats only in Toledo and Cleveland

    That's so low rent dude. They got those robots now.

    Thats fancy!

    1Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    5y
    Originally posted by @Steven Foster Wilson:
    Originally posted by @James Wise:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Jim K.:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

    Simple. Buy a blowup floaty, a six pack of bud light, call both of them out, tell them they have to share the pool, floaty, and six pack. Hopefully that deescalates things....

    Please tell me "blowup floaty" is not Ohio code for an inflatable girlfriend.

    Thats only in Toledo and Cleveland

    That's so low rent dude. They got those robots now.

    Thats fancy!

    1Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    5y
    Originally posted by @James Wise:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @James Wise:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Jim K.:
    Originally posted by @Steven Foster Wilson:
    Originally posted by @Mike A.:

    One of the neighboring tenants filed a complaint whereas one tenant added a blow up pool in the backyard and he cannot sometimes cannot access the back unit with his truck. Out lease doesn't mention blow-up pools, so I am not sure how to deescalate the situation here. These two tenants seems to always get on each others nerves. One filed a complaint that the other one is using the back office for entertainment, and it was that he had a party. So, he then came back and went after her stating that "maybe I should file a complaint and contact the authorities because I cannot always drive to my back unit because there's a blowup pool there along with her kid's bikes all over the place.

    Any suggestions on how to deescalate the situation here? The kicker is that one of the tenants is a property manager too. He's the one who's contacting us on issues from this other tenant. Good news is he and his family are on a month to month lease; where as the other tenant isn't. The bad news is his rent is four times the other guy's rent who's on a yearly lease. Plus, still cannot file for eviction due to moratorium. Rather find a way where both can work together and live peacefully.

    Simple. Buy a blowup floaty, a six pack of bud light, call both of them out, tell them they have to share the pool, floaty, and six pack. Hopefully that deescalates things....

    Please tell me "blowup floaty" is not Ohio code for an inflatable girlfriend.

    Thats only in Toledo and Cleveland

    That's so low rent dude. They got those robots now.

    Thats fancy!

     Sic transit gloria mundi.

    0Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y

    Hi Mike,

    Perhaps call the guy on the phone and do two things:

    1. Ask him to tone down the things that are annoying the other renter/manager (no threats, just ask).

    2. Tell him kids pools are not allowed in the driveway, if the basement has a concrete floor with a drain, perhaps that would be a fun spot...(if kids are allowed down there).

    Let the manager know exactly what was said, and see how things go for the next few months.

    Turns are expensive, and sometimes it might be the bird you know is better than the one in the bush.

    Good Luck!

    1Reply
  • Deanna O.
    Rental Property Investor · San Diego, CA · Member since 2010 · 366 posts · 314 votes
    5y

    So what you are dealing with sounds like a pissing match, with possession maneuvers on both sides (one party is "claiming" the space with pools & bikes, the other demanding the kids/ party never use the driveway space). It is reasonable to have guidelines on parties (ie Fri/Sat only, ending no later than 9pm, no more than 12 people, etc), waivable with permission from the other tenant (nothing makes people more polite than wanting something from the other party).  

    I'm assuming that FMV is being charged on both units, and that one pays 4x simply because it's larger. Both tenants should have equal rights to shared space. You should probably require that for safety and liability reasons a clear path of a specific width (ie 3 feet) be left on one side of the driveway at ALL times (no bikes, no pool, no BBQ). Also, next time a complaint is made, offer the PITA party that since they are unhappy at the place, ONE TIME ONLY they can have the next 30 days as a no penalty, "free to move at any time" window (ie no 30 day notice needed). Often when presented with an open door the people realizes the issues aren't worth moving over.

    0Reply
  • Mike A.
    OP
    Port Chester, NY · Member since 2016 · 210 posts · 157 votes
    5y
    Originally posted by @Scott Mac:

    Hi Mike,

    Perhaps call the guy on the phone and do two things:

    1. Ask him to tone down the things that are annoying the other renter/manager (no threats, just ask).

    2. Tell him kids pools are not allowed in the driveway, if the basement has a concrete floor with a drain, perhaps that would be a fun spot...(if kids are allowed down there).

    Let the manager know exactly what was said, and see how things go for the next few months.

    Turns are expensive, and sometimes it might be the bird you know is better than the one in the bush.

    Good Luck!

    We've been working with both tenants and we're trying to calm things down. So far, it's been much quieter. However, now the guy in the main unit is looking for us to better insulate his apartment. Some days, it feels the tenants are very entitled and expect the world.

    1Reply
  • Mike A.
    OP
    Port Chester, NY · Member since 2016 · 210 posts · 157 votes
    5y
    Originally posted by @Deanna O.:

    So what you are dealing with sounds like a pissing match, with possession maneuvers on both sides (one party is "claiming" the space with pools & bikes, the other demanding the kids/ party never use the driveway space). It is reasonable to have guidelines on parties (ie Fri/Sat only, ending no later than 9pm, no more than 12 people, etc), waivable with permission from the other tenant (nothing makes people more polite than wanting something from the other party).  

    I'm assuming that FMV is being charged on both units, and that one pays 4x simply because it's larger. Both tenants should have equal rights to shared space. You should probably require that for safety and liability reasons a clear path of a specific width (ie 3 feet) be left on one side of the driveway at ALL times (no bikes, no pool, no BBQ). Also, next time a complaint is made, offer the PITA party that since they are unhappy at the place, ONE TIME ONLY they can have the next 30 days as a no penalty, "free to move at any time" window (ie no 30 day notice needed). Often when presented with an open door the people realizes the issues aren't worth moving over.

    Seems so. They are in two separate buildings. The one in the back is smaller, so he pays less than the building in the front. The guy in the front building is only paying 4x more because he has more space, a lot more space.  I am at the point where I may have to offer something. In all of our units we manage, the guy in this front home is an absolute nightmare. He complained that his AC is not efficient enough, so he wants to know when we will be replacing it with a more efficient one. 

    0Reply
  • Deanna O.
    Rental Property Investor · San Diego, CA · Member since 2010 · 366 posts · 314 votes
    5y

    I mis-understood. I thought the back guy was the PITA. Same answer though - offer an open door. 

     As long as you aren't dealing with rent control the AC is an easy one; time for a bit of financial education.  Explain how landlording works -- investments have to have a return. Calculate the cost of a new system over a reasonable time frame (maybe 3 years).  You will gladly put in the AC, as long as he agrees to a voluntary rent increase to cover the cost. It's possible that the cost may turn out to be something nominal ($15-20 month) and the more efficient system will save him enough in power bills to be worth it (we once replaced a fridge that literally paid for itself by a power bill that dropped $60/month). 

    I think this guy needs to not be in multi-family.  

    0Reply
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