Law of quiet enjoyment?

Question

Has anyone ever gotten a complaint from a current tenant about a neighbor terrorizing their property? We have a tenant who is stating the neighborhood, unsurpervised kids (around ages 7-9) have been stealing and vandolizing her unit/property. Multiple bikes have been stolen and they ding/vandalized her cars with toys. Because children are under 10 they cannot be prosecuted and police don't even show up to take statements. Our tenant states that she has talked with the mother and the mother does not seem to care what her children are up to. She wanted us to look into what our options are in this case. What would you do in this senerio? Is there anything we can do?

JD Martin · Answer

Suggestions:

1. Assuming you own a single family home with off-street parking, you may consider fencing the property now/in the future, even though it's not your responsibility as bad neighbors can make for a miserable rental property experience.

2. Tell the tenant to feel free to file a small claims suit against the neighbor.

3. Beyond that, don't get involved. Over the years we have heard a few "he said, she said/he did, she did" complaints from tenants and neighbors of our tenants, and our advice for anything we can't control (which is usually all of it) is to either call the police if it rises to the level of criminal activity or file a claim against the neighbor if it's a civil issue. You *do not* want to set yourself up as any kind of arbiter of disputes, nor do you want any of your tenants or neighbors of your tenants to think you will be an arbiter of disputes because you will then be doing it forever.

Karl B. · Answer

If the police are unwilling to be helpful I would install a security camera. Show that evidence to the police and if they're still not helpful speak with your local representatives and tell them the police aren't doing their job.

With the video evidence your tenant could also take the parents to small claims court for any documented thefts/damage to the property. Also, the police should be taking this more seriously when you have video proof. If they don't (as mentioned) speak with your local representatives and perhaps the chief of police.

If all else fails - which shouldn't get to that point - put up a fence with No Trespassing signs. In some areas one must have No Trespassing signs visible for the police to charge a trespassor.

Finally, if the problem kids' parents aren't the owner but a renter I would speak with their property manager/landlord about the issue. Of course in this event it would help to have video evidence to show them.