When tenants don't get along - Landlord Forum thread 330342

When tenants don't get along by Daniel (CA) on January 27, 2015 @02:07

When tenants don't get along-
One tenant(A)(female) wants other tenant(B)(male) to not communicate or harass them anymore.
Tenant (A) wants LL to notify tenant (B) of this order ( is it LL job and ability to enact a restraining order?)
Problem is Tenant (B) is family of LL; and is eccentric and English is not his main language, I compare him to "Kramer".
This is for an 8-unit building.
Also tenant (B) just stopped letting tenant (A) use space in his garage. So this complaint seems to be have been made only after this situation.

My plan is to notify tenant (A) that without a police report, it is not LL job to police the interactions of neighbors.
And to notify tenant (A) that tenant (B) is not management of the LL and does not represent the LL in any manner. And he is a tenant just like anyone else in the building; and that Rent Control Laws prohibit a LL from doing as she requested without a police report or restraining order.

The list of complaints from tenant (A) are as follows:
• folding her laundry (including underwear)instead of dumping it on the counter next to the dryer ( when she leaves them in the one and only building dryer)
• walking by her window several times a day.
(tenant (B) started doing this upon request since there has been several attempts to break into her bathroom window. There are security bars that show signs that they may have been tampered with. tenant (A) initially welcomed this behavior from tenant (B).
• coming to her door uninvited
• repeated phone calls
• finding personal mail at her door
• commenting about cleanliness of her car
• conversations outside her apartment. ( her apartment door is right by the back door to the parking/garbage area)
• running car with music outside her window ( her apartment door is right by the back door to the parking/garbage area)
• spraying the water hose to clean windows and water gets into her bedroom.

we are going to tell Tenant (B) to leave (A) alone as she requested. but my question is, what's my step regarding tenant (A)?

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Re: When tenants don't get along by Katiekate (New York) on January 27, 2015 @09:40	[ Reply ]

I would notify the tenants in writing just as you plan. But..be sure to add the CC to the bottom of each letter that the Copy of the letter went to the other tenant. I would advise both of them...if they believe they have a real problem they are to co tact the police and swear out a report (warning them that false accusation with the police is a very serious matter) If they keep this up..you will terminate both tenants. Tell them point blank..you are not the building police...you are not going to sort out who did what to whom...just get rid of both if they really want you involved..that is the involvement they will get. I bet you never hear about it again.

Re: When tenants don't get along by Bill on January 27, 2015 @12:46	[ Reply ]

I do not believe that simply telling the tenants you are not the police and advising them they are both subject to termination will do the job. You need to get rid of both of them. Simply let their leases run out and move them out. Warning them ahead of time will only cause you more trouble.

Re: When tenants don't get along

Re: When tenants don't get along by Anonymous on January 27, 2015 @19:43	[ Reply ]

I would do a couple of things. Normally, I would do what you are saying and tell them to sort it out themselves. The problem is that the LL is related to tenant B and you need to distance yourself from them, to avoid appearing like you were negligent in addressing the issue. You are unfortunately the "building police" or "building moderator" in this instance. You don't need to be a messenger though. Tell tenant A you will setup a meeting with all three of you and let tenant A directly address her issues with tenant B. Then, during the meeting tell tenant A that if tenant B is doing anything harassing, or illegal to go ahead and call the police, but without a restraining order or similar type of document you can't treat tenant B any differently then any other tenant in the building. This will keep the tenant from involving you in this type of pettiness in the future. Plain and simple, if she has a legitimate complaint she can take it up with the police, she knows she has no legs to stand on and that's why she is using you to cause problems for tenant B. I'd let the lease expire and have her move out. I'd get tenant B out of there too if you have any say in the matter, renting to family is always a bad idea.

Re: When tenants don't get along by altagracia on January 27, 2015 @19:45	[ Reply ]

Did you do screen these tenants before accepting them as renters? In fact, one of the most important concern for me when I am interviewing tenants is asking them how well does he or she relate to other tenants in the previous rental property. Other way, is calling previous landlord and ask how well that tenant related to other tenants living in the same property.. when I interview tenants, I ask them and I let them know that relating well to other tenant is a top priority. if tenant does not care I will not rent because of the negative attitude and you want to have a rental property where there is harmony and peace.

Re: When tenants don't get along by MrDan (Georgia) on January 27, 2015 @21:23	[ Reply ]

'In every lease, there is a 'covenant of quiet enjoyment' which means that the tenant cannot be disturbed in his/her use or enjoyment of the premises. The harassment from the other tenant is a breach of the covenant of quiet enjoyment. A tenant could sue the landlord for breach of the covenant of quiet enjoyment if a landlord is not taking any action to stop the harassment by either evicting the culprit or taking other measures short of eviction to stop the harassment'. Under California law, all leases have the implied covenant of "quiet enjoyment". (California Civil Code, § 1927). The landlord (and/or management company) has the duty to preserve the quiet enjoyment of all tenants. (Davis v. Gomez (1989) 207 Cal.App.3d 1401, 1404.) Just as employers have the ability and duty to control the work environment to protect employees from harassment, including harassment by non-employees, landlords may also be held liable for the harassment of tenants by other tenants. "Landlords are liable to their tenants under the sexual harassment statute {Ca. Civil. Code Sec. 51.9}" Courts have held that the Federal Housing Act (FHA), 42 U.S.C. §§ 3604—3631 (2006) (the “Act”) did not bar a tenant’s claim against her landlord for hostile-housing-environment sexual harassment based on tenant-on-tenant harassment. Several California circuit cases and district court cases recognize sexual harassment under the Federal Fair Housing Act (FHA). Applied to the housing context, a claim is actionable ‘when the offensive behavior unreasonably interferes with use and enjoyment of the premises.’ DECEMBER 3, 2014 California Tenant States Claim Against Landlord Under FEHA for Failing to Intervene in Tenant-on-Tenant Sexual Harassment... "Drawing upon principles that are well-established in the context of Title VII hostile-environment doctrine, Courts held that “[c]onduct is imputable to a landlord, if the landlord ‘knew or should have known of the harassment, and took no effectual action to correct the situation.’ ” 955 F.Supp. at 496 (quoting Katz v. Dole, 709 F.2d 251, 256 (4th Cir.1983)). 795 F.Supp.2d at at 364. You have a duty to tenant (A) to prevent harassment from tenant (B). Hopefully, you have been documenting all of the complaints, dates, times, and what action you took to address each complaint including verifying if complaints are factual or not. Washington State has a very good "Tenant on Tenant Harassment Policy Plan" that might help you in taking action. http://www.hum.wa.gov/documents/fairhousing/samplepolicies/tennantharassment.pdf "but my question is, what's my step regarding tenant (A)?" Nothing, as tenant (A) is a protected class making a complaint. Any action taken against tenant (A) could be a violation of the FHA and several California State laws.

Re: When tenants don't get along

Re: When tenants don't get along by MrDan (Georgia) on January 29, 2015 @21:28	[ Reply ]

The landlord has a duty to allow tenants the right to "quiet enjoyment" of the premises they rent. This means not just disturbing the tenant him/herself, but also not allowing other people under the landlord's control, such as other tenants, to disturb or harass. The landlord has a legal obligation to intervene when one tenant is harassing or disturbing the other, and if necessary, a harassed tenant could sue the landlord both to force him/her to take action (up to evicting the other tenant), as well as possibly for monetary damages. From the list that tenant (A) provided the landlord, it matches the definition of a 'stalker'. It also shows the grounds that the covenant of quiet enjoyment has itself been breached. United States Code Title 18 Subsection 1514(c) 1. Harassment is defined as "a course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose". It is important that your lease agreement include a clause about acceptable behavior. It should specifically state that abusive behavior, intimidation, and sexual harassment are not tolerable and are grounds for eviction. What to do: If a tenant is being harassed, the tenant is not being afforded quiet enjoyment of their premises and is being discriminated against in violation of fair housing laws. Once the landlord becomes aware of the harassment, the landlord must make a “reasonable response” calculated to stop the harassment. The landlords first step should include investigating the matter, and, if warranted, issuing a warning to the tenant engaging in offensive behavior. If the harassment continues, the landlord should consider pursuing injunctive relief to enjoin the behavior, or commencing eviction proceedings against the harassing tenant. Fair Housing: It’s the Law: The landlord must take reasonable affirmative steps to end the offensive behavior when one tenant is harassing another tenant, which should include an investigation and warning to the offending tenant. When a landlord knows of, but fails to address, a hostile environment, “the combined knowledge and inaction may be seen as demonstrable negligence, or as the landlord's adoption of the offending conduct and its results, quite as if they had been authorized affirmatively as the landlord’s policy."(Federal Court Registry) Federal courts recognize a hostile-housing-environment cause of action under the analogous federal Fair Housing Act (FHA)(HUD). Some landlords do win against a harassment claim and then loose due to a claim of retaliation.