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Tenants harassing a disabled tenant
by Jimmy James (Oregon)
on July 29, 2016 @21:32
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I have a 6 unit town home community. I have a single, disabled mother that is being harassed by another unit.
On July 16, 2016-she contacted me because the tossed rotting meat in the bottom of her garbage can. The can was full of flies and maggots.
This week, they stole her garbage can. Filled it with there own garbage the same day as trash day. When she confronted them...they harassed her even more. Then had family come over and threaten her. Yesterday, the harassing unit was trying to engage her into a confrontation. Today they did get into a confrontation. The disabled mother has called the police on them. The police have told her its all civil.
my question, I'm afraid I could be sued by the disabled mother. She has a one year lease. The other couple is on a month to month.
what would you recommend?
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Re: Tenants harassing a disabled tenant
by Garry (Iowa)
on July 29, 2016 @22:01
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Give the problem T a 30 day notice to move TOMORROW !! Post it on their door, and send it both reg and certified mail. You need to get rid of the bad T ASAP, no matter what it costs you, or, yes, you could have a lawsuit filed against you by the disabled T. Actually, the disabled T could file a complaint with your local civil rights commission, and you as the LL should encourage her to do so. But tell her she needs to document everything that has happened to her. And you may even need to let her out of her lease asap, as if you cant get rid of the bad T, you could be held responsible for allowing the harassment to go on.
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Had this happen to a tenant
by Kathleen
on July 29, 2016 @23:45
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I evicted a T because he was growing marijuana on my property. He threatened a disabled tenant---in writing, email and verbally. The T had a security cam that caught the verbal threats. Called police. He was arrested/ got a restraining order/going to court.
The ET? "I was just emotional, your honor. He knows I didn't mean it." It being "I'll set your house on fire with you in it/I'll best you up/ You'll wish you were never born."
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Re: Tenants harassing a disabled tenant
by J (FL)
on July 30, 2016 @09:36
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Have you verified that this is happening --have you seen it -- or are you just getting the one side of the story from the disabled tenant? Have you had trouble with the couple before? Trouble with the disabled tenant?
I would dig a little deeper, make sure you know exactly what is going on before taking action.
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Re: Tenants harassing a disabled tenant
by MrDan (GA)
on August 1, 2016 @23:18
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Many landlords fail to understand their obligations under the Fair Housing Act.
"A 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"
'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 the landlord for hostile-housing- harassment based on tenant-on-tenant harassment'
A landlord would be directly liable for failing to take prompt action to correct and end harassment by a third party when the landlord knew or should have known of the harassment.
What to do as a landlord;
"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"
" 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."(HUD)
It is important that a landlords lease agreement includes a clause about acceptable behavior. It should specifically state that abusive behavior, intimidation, and sexual harassment are not tolerated and are grounds for eviction.
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