Landlord Question and Answer Forum

I have a property with several units that I rent out - of the 2 homes that are side by side, one tennant contiuously complains about everything the other tenant or tenants children do. The complaining family's (family a) head of household is elderly and has a child with a disability. The family this tenant complains about (family b) is a younger- single parent family with several children ages 7 and up, the back yard has a pool, therefore the children cant play in the backyard, however there is a large driveway that former tenants have always used to ride bicycles play ball etc. Family a chronically complains about the noise created from famly b, while they play in the dvwy that separates both units, their visitors (one day they had a pool party ) the bouncing of the ball (including the ball going into her side of the dvwy - which is shared property, and the damaging of the plants). Family a also alledges that the children of family b call them names and that they have been hit by the ball on occasion and that the noise may aggravate and contribute to the worsening of symptoms of her stress and the child with a disability. I receive phone calls several times a month, I have asked her to call the local police so they can assess the noise complaint ( as everytime I quickly drive over to witness any activity there is nothing occuring) I have brought the issues to the attention of the head of household for family b who denies any such allegations - and so do her children. The other tenants at the property do not notice any unusual noise complaints from anyone on the property and they too have a large family (with no complaints). Family a has now provided a doctors note that the neighbors need to quiet down. Familly a will not let their children out to play - they remain indoors as the parents do not want them influenced by the LOUD family. Where is my liability, what is the landlord to do. I havent witnessed any blatant loudness nor have the other tenants on the property. Im getting tired of receiving complaints from one family and having to talk to the other - they deny any disturbance to their neighbors, I have provided the family with copies of the contract they signed upon move in and have threatened eviction. I have thought about evicting both parties both claim they love it there and do not want to move. Can anyone tell me what is my responisbility if any. Really, theres nothing I can do and at times I think this family (or family member) is over sensitive and may be imagining things. The other tenants on the property have claimed not to have seen or heard anything, and have commented that family a is too sensitive- provided the disability and the doctors note, where do I stand? Thank you

If Family A's rental lease is now month-to-month or is expiring soon, I would simply tell them that you will not be renewing their rental lease. From what I can tell, Family A is your real liability, because they're the ones who might file complaints against you and your other tenants. When you tell them you're not renewing the rental lease, do it delicately and non-combatively; maybe tell them something like "I have an elderly family member who I promised the place to" or something so they don't feel like you're the Bad Guy.

Posted by Ralph F, CA on Tuesday, October 19, 2010