Big Tenant Problem - Help!!
I own an 8-unit multifamily and am having a problem with 2 of my tenants. There was a fight this morning between 2 of my tenants over a parking place. I do not offer parking (explicitly stated in the lease) and they are responsible for shovelling their cars out when it snows. Apparently, one tenant (Tenant A) took a parking place that had been shovelled by another Tenant (Tenant B) and a screaming match ensued in the front yard. They were swearing like sailors at the top of their lungs. Supposedly Tenant A pushed Tenant B, and the fight turned physical. Tenant A made a derogatory comment about Tenant B's sexual orientation, and in response, Tenant B (allegedly) exposed himself to Tenant A and his young daughter. The police were called and arrested Tenant B. Tenant A is now threatening me w/ a lawsuit, claiming that he has consulted his lawyer, and it is my fault that this happened. I screened Tenant B and I let a "violent and dangerous person" move in next door. Tenant A claims his family's safety is in danger and it is my responsibility to fix this. He kept repeating, "I've spoken w/ my lawyer and I know my rights. This is your responsibility."
This was a few hours ago, and I have heard from another other tenant who witnessed this incident. She claims that Tenant A started this fight and is lying about the sequence of events. I am worried because I was not there, and although I know from previous experience that Tenant A is a liar and a troublemaker, is there any basis to this lawsuit he's threatening? Is there anything I can do to protect myself? I think Tenant A is going to try to force me to evict Tenant B or sue me, but apart from this incident, I find Tenant B to be a great tenant and have never had any trouble. Tenant A, on the other hand, has always been a problem. Any suggestions? Thanks in advance...
As Ann Landers would say (God rest her soul) - just stay out of it. Anyone could sue you at any time, but that is not a reason to get into a he said she said situation.
Since there was an altercation on your property and the police were called, find out what the police report says and get the "facts" from the police, not the tenants.
So, when someone shovels the parking spot, is it bad form for someone else to park there? Or does it matter tha amount of time that has lapsed between when it was shoveled and someone parks there. BTW - today we have temperatures in the 70s, crystal blue sky, and a slight breeze. sky, and a slight breeze down here today.
Brenda
I am so jealous of your weather! It is cold and icy here...
To answer your question, yes, it is bad form to park in someone else's spot. Shovelling is hard work and I can understand the frustration that causes, but do they need to act like 2nd graders? Are these types of tenant misbehavior common?
We have a similar parking situation at our 7-plex. There was a time when we had complaints regarding parking too (although, not nearly this extreme!). Our response was to offer compassion, but no solution ("gee, that's frustrating, but we don't offer parking. you'll have to work it out."
. We then put a flier together reminding people to be considerate along with some friendly suggestions as to how to handle disagreements.
As for your particular problem, I'd agree with the response to stay out of it. If someone actually takes legal action, all you can do is get yourself a good lawyer.
I hope things calm down before it comes to a lawsuit. Good luck!
I'd run your lease by a lawyer (in light of the situation) and find out if you could be held liable, reasonably, and find out if you need to modify your lease.
Hope your properties are held by an LLC. If not, do that also.
As has been said, I'd be compasionate, empathetic, and listen, but avoid taking sides. Let them know that it's a civil matter and should be worked out between the 2 parties and the police.
You may be able to use this to evict one or the other depending on what your lease says (assault, indecent exposure, harrassment, etc).
In addition to holding properties under a LLC it is good to carry a liability umbrella policy for each property with a reputable carrier. You can get $1Million - $8 Million of coverage and these policies are not expensive.
Your response to tenant A should be: "My attorney has instructed me to direct all communications on this matter to him" I'm sorry, but I can not discuss this with you". Then hang up.
Because you have been advised that there may be a lawsuit in the future, contact your attorney immediately. Do not wait for the lawsuit to appear before your attorney needs to prepare an answer.
Based upon this tenant's disorderly conduct and creating a public disturbance, I would be inclined to refuse to renew the lease when it expires.
You may want to cut your losses with both tenants and evict both asap. Consult with your attorney. But I hope you have a clause in your lease that any and all tenants involved in a disturbance will be required to move. It would only be fair that both parties be required to leave.
Send a letter to all tenants reminding them that no specific parking space is provided for any tenant, and they cannot reserve spots.
Thank the witness for her information, and suggest that she provide it to the police. Remind her that you can't go to the police with this info, as it would merely be hearsay coming from you.
Exposing oneself in public is a criminal offense and should be dealt with by the police. Stay out of that one.
Starting a fight is also a criminal offense and should be dealt with by the police.
Speak with your lawyer about all this. Inform him/her of the situation and of the legal threat you have just received.
Tell tenant A that they cannot tell you who can and cannot live in the complex. If they don't like who the other tenants in the complex are, they can move out. Or just direct them to your lawyer.
Once the police have determined who is really guilty of what, you can decide to evict that person based on their violating the peace (or some such clause that you hopefully have in your lease), or you can choose to make a determination of who is guilty on your own. Once you decide who is at fault, you may or may not be able to evict them on that. Ask you lawyer about that. At worst, you might have to wait until their lease expires.
Isn't it amazing that the tenants who the biggest troublemakers are also the first ones to yell when someone stands up to them? I have a tenant now who is complaining that a neighbor from an apartment below hers is stealing light bulbs from over her washing machine in the basement. I told her to carry the light bulb with her and more importantly, PAY YOUR RENT ON TIME! Until I start getting the rent on time from her, she has no right to complain about anything. Sorry just saw an opportunity to vent.
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