HOA tells me my tenants son punched another owner

7 Replies

So I bought a condo that had a section 8 tenant in it. For over a year there were virtually no problems. Then a few months ago one of the other tenants from another unit somehow got my number and starts complaining about harassment. Prior to this I had received an email from the PM company saying that my tenants kids were vandalizing the area. Both times I explained that I needed some sort of evidence. I also explained that I needed more information. I spoke with my tenant and told her to stay away from the woman who called me and keep her kids away too. 

Two days ago I get a text from the PM stating that one of kids in my unit punched the owner of another unit while playing basketball. I asked if they got the whole story and if there was any evidence. I was told there was video evidence and I asked them to send it to me. I am still waiting for this. 

I really do not know what is going on. Are my tenants kids trouble? maybe. Are there personal issues and some are running to the HOA to try and stir up trouble? maybe. Are the kids just being kids and running around in an empty pool? Was their really a punch and if so was it provoked? How much do I need to know? What action do I need to take? What am I liable for? This is in California, and I do not think I would even think of taking any action against my tenant without actual evidence. Am I thinking and responding correctly? It seems like things flare up, I explain that I need things documented and evidence in order to take action and then things seems to settle down for a month or two.

Any help or insight on this would be wonderful. Thanks.

They should have called the police, because that is who deals with these issues.

I wouldn't get involved until you have a tenant that you know you must evict, then do so. Mediating violence is never going to be your responsibility.

Get the video, get the police report, then you might have grounds for eviction. Otherwise it's a dispute between tenants imo

It there was an assault, the matter is between the two parties and the one who believes s/he was victimized should call the police.  There is little in the way of direct action you can take.

If this issue occurred between two neighbours living adjacent in your neighbourhood would you plan to intervene?   If it were between two tenants in the same apartment complex, how would you respond?

    

Our stated policy is that all complaints must be in writing to be accepted and any matter of a criminal or legal nature between tenants should be filed with the appropriate authority.

yes I did inform the PM that the victim should press charges.

We are landlords not referees. Tell the tenant to call the police.

It doesn't sound like the PM is singling you out. 

Talk to your tenant and get their side of the story. If it is vastly different from what the PM is telling you, then you probably have a problem tenant.  

Let your tenants know that fines can be issued and you would hate for them to be asked to leave.

I don't see any reason why the PM would lie or exaggerate the claims, so my guess is that it's probably all happening. I don't think it's probably practical to demand evidence each time there is an instance (it will sound like you are just trying to push it off), but the good news is, as the other posters say- it's not your problem. Both vandalism and assault are police issues, so the police should be called. If there's anything in the lease that says the tenants (or their children) have to not break laws, then the PM has grounds for fining them or eventually evicting them should the problems continue. But even for that to happen, police reports would need to be on file. So, it's a police matter before anything else.

Tell your PM and the HOA to instruct indivulaes to call police and file charges. If they do have them sent you the police reports.

Once you receive police reports inform your tenant they will be evicted if there is another report. You should also inform their handlers.

This is standard for many s8 tenants and simply part of dealing with C class properties.

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

Lock We hate spam just as much as you

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.