Problem between tennants

[awsum02]

Hi,

We are fairly new to REIN (Oct.) and just purchased a house at the end of Dec that we suited.

The problem is that the person we rented the main floor to, is causing problems with the tennants living in the basement suite. Seems he complaints about everything they do. (Doesn`t like the way they look after their dog,they are too loud, doesn`t like the patio furniture, he wants to know everything they are doing and who they have in their home and it goes on and on....) Last night things came to a head when he put cardboard that was left in the backyard from their move in, in the back hall, blocking the exit from their suite.( It should be noted that the cardboard was not in his way, in fact he could not see it from his unit). Once they were able to get outside, things escalated and there was a screaming match ending in the main floor tennant pushing the guy from downstairs.

We are not sure what to do to remedy this situation. We have already had a round table with all of them to try to work out problems, but this hasn`t worked. The tennants in the basement called and said either they are leaving or he is. We do not want them to leave as the mainfloor tennant is the problem and will be with whomever moves into the basement.

HELP!!!!! What should we do?

 

[MikeMcCrae]

Get rid of the upstairs tenant as fast as you can. He will not be happy with any one you have in the basement and the problems are likely to continue. If tenants are fighting and causing a problem in the neighborhoo, you have a problem.

Also check to see if the downstairs tenants dog is a problem, you may have to remove them as well and start over. Haveing people live "together" is not always easy.

 

[rbrander]

First things first. No one can block an entrance or exit, or inhibit access or egress to a unit. This has everything to do with local and provincial fire codes. It is most likely that your local municipal act or provincial tenant act may provide grounds for immediate action to begin exiting the tenant causing the problem. Do consult/contact your local provincial tenant / landlord laws or office, and inquire what your legal options are.

Second. Do your tenants sign a lease/rental agreement? What, if anything, does the contract say or govern on tenant activities? This most often can be the beginnings of exiting a bad tenant. If you have a lease with specific statements on social deportment, this is the first line of defense. You should remind your tenant that they have agreed to these rules and must abide by them or leave immediately.

Third. In writing, inform the main floor tenant that he is directly interfering with the `reasonable enjoyment` of the basement tenant, and has interfered with the `safety` of the tenants in the building in general. Do provide specifics (be very careful as what you say in writing may be used in your local landlord / tenant resolution board - best to get guidance from your local board, or seek a professional of the industry to do this work). Get written statements from your other tenants regarding the issues - again being very specific.

Fourth. Whatever you do, take action to mitigate this activity! By taking no action, or poorly executed action, can put you in a `rabbit hole` that will cost you your good tenants, and have long term impact on your future experience with rental properties.

I am certain that other members will contribute suggestions, or offer direct assistance. Consider them all carefully, and do take action.

Good Luck!

Cheers!

Bob

 

[invst4profit]

Take direct action to get rid of the upstairs tenant.
Follow the rules, make sure you do it right. Don`t waist
your time trying to "fix" the problem.
Your upstairs tenant sounds like a nut job and that can`t
be fixed.

 

[HeatherBrandt]

I suggest having a meeting with both sets of tenants in a neutral place with you as the facilitator. Have each tenant bring their complaints in writing (which you will keep and place in a file). Request this of each tenant in writing. If you get a refusal from one or more parties, then all you can do is encourage them to find a living arrangement which is more suitable to their needs.

If the parties agree to meet but have not written down the complaints, provide them with paper and pen that you have brought with you (have them date it). If they refuse, again encourage them to seek elsewhere as it is not in your power to resolve their complaint.

You will not choose sides (even if one side is clearly more irritating than the other). Your job is to ascertain if the lease agreement has been broken, require the tenants to talk to each other in an adult manner (and remaining calm yourself!), and to indicate the benefits (list whatever they are-rent,utilities, yard, etc) that come with living in a suited house also requires some extra responsibility and thoughtfulness. By not choosing sides you will not have them whining to you about future infractions. If they have tried to resolve an issue with the other tenant and have failed (and documented), then you will assist and have evidence upon which to act. When you pull this meeting off, you will appear to be very powerful, smart, and fair.

We have tried this 2 times. The first time one party wrote down the complaints which were effective when the 2nd party was evicted at a later date due to bothering another set of tenants. The 1st party (who seemed to be the "good" tenant) was evicted when her boyfriend decided to crank up the thermostat and messed with the furnace such that it couldn`t shut off in order to irrate the other tenants.

The second time was a longer term tenant who made all the complaints but refused a meeting. He was encouraged in a phone call and a well worded letter to "put up or shut up". So far he has chosen to shut up.

I suggest you assume you will lose both tenants (maybe the worst case scenerio), by doing this the decisions you make and the actions you take will become more clear.

Hope this helps,


Heather