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Am I saying too much in a letter to tenant? - Landlord Forum thread 182877







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Am I saying too much in a letter to tenant? by Daniel (CA) on July 31, 2009 @21:25

                              
This is a letter in response to a downstairs tenant complaint about noise from an upstairs tenant. Am I saying too much? Am I incorrect?


Dear tenant:

First and foremost: non-payment of rent is unacceptable and will result in late fees and/or eviction.

Thank you for bringing this issue to our attention, we hope to resolve the situation to a satisfactory status.

RE: NOTICES: Notices must be in writing, dated and signed. For example many times a tenant wonˇ¦t support landlord actions and without corroboration a landlord canˇ¦t do anything. Unfortunately, immediate resolution is in many times impractical.

We understand that you have a complaint against noise from an upstairs tenant. Please note that without exact details or log of events your claim is non actionable. Please submit detailed logs of dates, time, and nature of the disturbance; for example loud music at 1 AM on Friday, January 1, 2009.

Please understand that every tenant has rights to dwell in their apartment without landlord interference. Therefore, a landlord is limited in what he can do even when there is a dispute between tenants.

RE: Footsteps and noise during normal daylight hours of 8AM to 11PM: Due to the nature of multi-family apartments; we find it unreasonable to expect single family resident accommodations in multi-family apartments. Unfortunately, tenants are left with the option of moving in these cases.

RE: Confrontation We do not advise confronting other tenants especially if you feel endangered. Furthermore, doing so while in a frustrated state can lead to legal problems.
Subsequently, the following is an outline of the procedure in this case:

RE: Footsteps and Noise during daylight hours of 8 AM to 11 PM: You may inform landlord of the specifics and we can try to determine if such behavior is reasonable and or attempt to reach a compromise with the other tenant. Unfortunately, tenants are left with the option of moving in these cases.

RE: Noise during late night hours between 11 PM and 8 AM: You should inform landlord in writing of the specifics and we can put a stop to this. If such noise is a violation of courtesy regulations then we will send the offending tenant a LEASE VIOLATION NOTICE. If the behavior doesnˇ¦t stop then you must inform landlord in writing again and then landlord will submit a NOTICE TO COMPLY to the offending tenant. If the behavior doesnˇ¦t stop then you must inform landlord in writing again and then landlord will submit a 3 DAY NOTICE to the offending tenant. Eviction proceedings will only commence if an attorney recommends that the case is legally prudent.

Also please remember that you have the option of calling the police when a neighbor is making unreasonable noise during the late hours. Notwithstanding a police report, it would be impossible for a landlord to enforce courtesy regulations in multi-family apartment buildings.

--> Lastly, we understand you have been frustrated; however we must inform you that IT IS NOT OK to call my daughter's telephone number regarding building matters. You are hereby notified that if you continue to call her number then you will be in violation of your lease. The only contact for apartment building matters is:


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Re: Am I saying too much in a letter to tenant? by Anonymous on July 31, 2009 @23:29 [ Reply ]
Yes, you are saying too much ! Did they not read the agreement?
Re: Am I saying too much in a letter to tenant? by Call me Jim on August 1, 2009 @00:56 [ Reply ]
Your letter should be shortened to:
Dear tenant:
First and foremost: non-payment of rent is unacceptable and will result in late fees and/or eviction.

Thank you for bringing this issue to our attention, we hope to resolve the situation to a satisfactory status.

END OF LETTER
ACCOMPANIED BY URGENT LATE NOTICE OR PAY RENT OR QUIT NOTICE

Re: Am I saying too much in a letter to tenant? by Anonymous on August 1, 2009 @07:46 [ Reply ]
I agree with Jim, you are saying too much. I woudl just send the letter to pay or quit, if they can't read the lease and/or laws about noise ordinances, not your problem
Re: Am I saying too much in a letter to tenant? by Anonymous on August 1, 2009 @10:37 [ Reply ]
Do NOT send this letter!

You have just started a war between the tenants by letting one know the other is complaining.

You have just told the tenant to terminate his lease if he doesn't like the noise and gave tacit approval for him to do so. Why would you even suggest this?!

Don't combine multiple violations on the same notice. The non-payment should warrant a Pay or Quit notice. A legitimate noise complaint should receive a warning letter. If the complaint isn't legit, send nothing.

Why would you tell them not to talk to the other neighbor about noise? Couldn't you expect them to be reasonable?

You have just told them to complain to you about any and every noise complaint. (Including telling them to complain to you when the noise is reasonable during daytime hours.) Why didn't you just suggest that they call the police and forward you a copy of the police report for any disturbance calls (if you wanted to set a procedure). Isn't this already in your lease or rules? The procedure should be 1) call the cops, 2) send you a copy of the report with your complaint.

It is OK to reinforce the only contact number for the tenants. I wouldn't mention who it was, just say that you are the only contact person and that no one else should be disturbed with tenant requests. Reinforce the number they are to call.

Re: Am I saying too much in a letter to tenant? by Daniel (CA) on August 1, 2009 @13:14 [ Reply ]
Thanks, editing now.

This is my grandmothers rentals ( she does things backwards - so I am left with picking up the pieces.)

Re: Am I saying too much in a letter to tenant? by Wendi (Canada) on February 16, 2011 @16:36 [ Reply ]
I think you are being very unreasonable. I myslef have been dealing with the same situation where the neighbours above me are way too loud, going to 3 and 4 in the morning about 3 times a week. I have sent my landlord 5 or 6 letters now and he talks to them but they are yound and don't listen. It is a 3 floor house and their parents live in the top floor and he speaks to them also and still it does nothing. Sometimes I think i should get a discount in rent because he isn't doing anything for me. I might go to the landlod and tenant board and get things straightened out that way. I have been keeping a noise journal for the past few months incase I need it. I suggest everyone who's having noise problems do that too otherwise you'll be told by people like this who only want to take your money and do nothing for you in return.

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