Neighbor Threatening To Sue
We have a new rental and the neighbor will not stop calling and complaining about our tenants. She says they are throwing parties and people are coming and going and making all kinds of noise at all hours. She has been pissed at us from the moment she learned we would be renting the property. When our tenants moved in(college kids) she called to ask why we would be so stupidas to rent to college kids and blah, blah, blah. The tenants had a New Year's Eve party that got a little out of hand and the cops showed up, but did not write any tickets. The neighbor called again and is threatening to file a lawsuit against us and saying we need to evict the tenants and sell the house. The tenants are basically good kids who pay rent on time and keep the place in good shape. I have no desire to evict them.
What I want to know is can I be held liable for my tenants being noisy? And I am not convinced they are being overly noisy. I explained to them that they were annoying the neighbors as did the neighbor. The tenants even forewarned the neighbor of the party on New Year' Eve.
Any ideas and input appreciated. Thanks for your help.
Check to make sure that you aren't violating any community or city ordinances, and that your tenants are aware of the various rules and regulations in the community. As long as these are being followed, you can tell your neighbor to go jump in a lake. It's always recommended to have positive relations with your neighbors. But some neighbors are just jerks. If she's not happy with the fact that your property is being rented, that's her problem.
We have a lovely neighbor like this, and we finally asked them to stop calling us and to call the authorities when they felt something was wrong. In our case the authorities got tired of hearing from the neighbor and said that if they heard any more complaints they would be the one's in trouble for filing a false report.
They complained of everything from noise to the fan in the window blowing her cigaretts smoke into their yard!! Good Greif.
I would just inform the tenants that they have a very watchful neighbor and they should be on their best behaviour.
As soon as anyone threatens me with any type of legal action I tell them that any future contact they wish to have with me must go through my Lawyer and I give them his number I also remind them if they continue to contact me and threaten me it is harassment.
On another note I would inform the tenants that the neighbor is very watchful. Also might want to review the rules of being a tennant with them.
Thanks for the responses. She went off on my wife today so we are done dealing with her. I can't figure out why she is taking it out on us and not the tenants. Makes me think the tenants really aren't that bad or she would have no problem calling the police. Instead she is just ticked at us and is trying to be a pain in our butt.
I am half tempted to sell it to the tenants on a wrap so she can enjoy them for years to come.
I would still like to know if I could be held liable. If anyone has that info I would appreciate it. Also, keep the feedback coming on your personal dealings with cranky neighbors.
Thanks again!
Ultimately, she'd need proof. Proof is in the form of police reports or pictures of issues. If they aren't trashing anything, then there should be no pictures and if you said the cops only came out once and didn't even file a report then I'd say she has no grounds for a suit. Even one police report is not enought to prove a continuous disturbance.
I'd say you tell this woman that you'll file harassment charges against her if she doesn't leave you alone.
Your lease should have a clause which says tenants agree not to cause damage or violate laws including zoning laws. Beyond that, when a neighbor calls, I tell them I can't control the actions of the tenants and if they fell a law is being violated, to call the authorities. I usually just forget it then and that's generally all of it.
I'd tell her to quit calling and if she has an issue to either file suit or have the local authories contact you. If you've been in many heated negotiations turned battle situations, one of the first things alot of people will do is say "alright, if you don't, i'm gonna sue you!" Of course, plenty will sue you, but most lack the funds. Unless your tenants are going to cause her physical harm, I wouldn't worry about it. She can call the police for her little claims. If its anything serious, the police will call you.
Great stuff people! Nyjosh, your info was particularly useful. I talked to an attorney friend of mine who said exactly what you did. He said I would probably have a hard time evicting them on nuisance grounds even if I wanted to. There is no proof. It has to be a pretty consistent pattern of noise backed up by police reports/video, etc. If I don't have proof I can't evict them and she certainly can't sue me for not evicting them if there is no proof. (Well, I guess she can sue me, but it would be tough for her to win.)
Rmdane2000. I agree. She is lashing out and trying to scare us. I doubt when she realizes she has to go to small claims court and prove something or hire an attorney she is going to settle down.
I do have a clause in the lease about noise, etc. and can evict them if they do actually become a nuissance to the neighbors. Right now, they are a long way from there. If it becomes an issue fine they are gone. But not because some hag neighbor has a miserable life and wants to tell me who I can lease to and what I have to do with my property.
You people are great! Keep it up!
I've had neighbors like that-their life is miserable-their jelous your making money-their born again-the list goes on..If your tenants are paying on time,have no police reports to backup any of her mondane complaints, i'd tell her to go to hell or file a harrasment suit on her. Your tenants have a life too. One other way to deal with her is to use voice mail or pager # and ignore her.
Here is an update and a lesson for everyone. She tracked me down through the county courthouse because I am an idiot and have the property in my name. Until then she only had my wife's phone number as the property manager.
Anyway she must have googled me because I got an email on my company email from her. Holy crap! She is in my opinion a little out there. Let me say she acts like she needs to station armed guards at her house and the tenants are absolutely ruining her life. She says we are devaluing her property, despite saying the place looked so much better than when the last owners lived there.(that was before she knew we were renting it.) She also thinks that I should discriminated against college kids and target only tenants with children because she claims it is a family neighborhood. Talk about a lawsuit there.
This is all happening in Boise, ID. There are no bad neighborhoods. This is your classic subdivision, except that there are several duplexes on the block right across from her house. It is a rental neighborhood.,
I am tempted to post the email for everyone to read. Will that cause me grief if she is creeping around the internet looking for info?
One last comment. I in no way want my neighbors disturbed nor would I like to be disturbed. If indeed these tenants are breaking the law or violating ordinances then it needs to be taken care of. I have not heard from any of the other neighbors or the police. It appears that at this point she is being unreasonable. The tenants have been warned to be extra careful with noise.
Thanks
If you have an attorney, just tell her that she would need to contact them. She is not your tenant and you really have no responsibility to her in that respect. Tell her to call the authorities if she thinks a noise ordinance is being broken. Otherwise, block her emails and I would block her number as well. She will get the hint I would think
Puck: You have done all you can. As hard as it is...you need to quit thinking about this as it is troubling your life. Ignore her...she is only running on 7 spark plugs and has nothing to go on.
I have a similiar situation. I purchased a 1963 4 plex. It has never had any maintenance. We are completly renovating it...$100,000 worth (siding, windows, roof, elec, plumbing, heating cooling, etc.). Despite our major reinvestment in the neighboorhood, the neighboor to the rear of our property told me not to even think about adding decks to the building. Because she said this, I have decided to add them.
jspaeth, thanks for the advise. You're right. This morning I have been in a rotten mood...road rage, etc. All because of her. Time to let it go and get some thicker skin. Some people are just rotten. No need to let them make me rotten.
I did promise my wife this morning that if we do ever decide to sell it and they still live there...we will be moving in for a month of PARTYING.
Good for you, Puck! Let no one intimidate you like that. In my opinion, no one has the right to stress me out if I haven't deliberately brought it on myself.
Ignore the woman. If she doesn't get the hint, tell her that if she must communicate with you, she can do it by u.s. mail. Otherwise, you'll be calling the police to inquire about harassment charges and/or a restraining order as you and your wife feel threatened.
Dear Puck,
Please don't sell your property. The posters are right. Your neighbor is strange, but don't let her chase you off your own homestead. You probably worked hard to get it.
I would try to ignore her. You might consider a "friendly" fence. That worked for one of our properties. I know a fence can't stop the noise, but at least she won't be able to see as much.
Cordially,
Alice
Thanks Alice! I am not going to sell the property. It has too much potential. There is already a fence up. Part of the problem with the alleged noise is probably due to both homes having the old single pane aluminum frame windows that are not exactly air tight. I am not in the mood to replace them. Maybe down the road.
I found out our neighbor is trying to sue the city because the speed limit is too high and there are not enough speed bumps on the road. Go figure.
I sent an email letting her know my tenants are entitled to enjoy the property as they see fit within the law. If she feels a law is being violated she should call the police. I hope this is the end of it.
Dear Puck,
I would do the same thing. Lie low and see if it all blows over. I think it probably will. She will go on to bigger things to complain about. ( Just be thankful she isn't the president of the local neighborhood association. Talk about the Communist Central Committee. Some of those assoications can be brutal).
Good luck. You can come of this with flying colors.
Cordially,
Alice
One last comment on the whole situation: This might be a good time to put your property into a separate entity so if the crazy neighbor does decide to sue, she can't affect any of your other personal assets or other investments.
I may be a little crazy when it comes to asset protection (and I have yet to be sued) but we live in a world where there is a crazy neighbor like yours on nearly every block.
You can play games with the neighbor all day but it sounds as though you have decided to move on and not deal with the stupidity. Congratulations and good luck!
If this woman has tracked you down, is sending email to you at work and calling your home with empty complaints, consider having your attorney petition the court for a restraining order to stop this lady's harrassment. Violate the retraining order, maybe she will be given a few days to get to know a completely new set of neighbors in a publically funded housing complex. In your area it may be called GrayBar Arms.
This is purely a defensive, and preemptive tactic. Consider taking the offense, instead. If this lady is so convinced that her property values have declined because of the rental next door, offer to buy her property so she can move away from her distressing environment. Maybe she will be such a motivated seller, you will get a great deal on a property you can turn into another student rental. Maybe use a business entity or a trust to conceal that you are a principle in the deal.
Dear Newkidintown,
"GrayBar Arms" is funny. I never thought about the play on words because I actually live on a street called Graybar Lane. (But it isn't a jail, thank goodness). Now I know where our street name came from. : )
Cordially,
Alice
Thanks you all for your comments. I have not heard anything since sending my letter, so it may be over for a while.
I will definitely be using a trust/LLC from here on out.
Thanks again!
If she didn't want it to become a rental, then she should have bought the property.
I like the idea of the restraining order; emailing at work is ridiculous.
If you ever hear from that woman again, I would write her another letter advising something like this:
You have the option of buying the property you are referring to. The price is (whatever the price is).
You are not to contact me again and if you do, I will have my attorney obtain a restraining order against you and you will then be sued for the cost of the restraining order and my attorney fees.
Please be advised that if you continue to harrass my tenants, or any future occupants of my property, and this harrassment results in an early vacancy, I will file suit against you for lost rent, advertising, and attorney fees. I suggest you stop attempting to adversely affect the profitability of my business because if you are eventually successful in this endeavor, you will not be pleased with the result upon your personal finances. Any resulting lawsuit against you for my losses may result in a lien against your property and may also then result in my being able to foreclose on your property. Govern yourself accordingly.
I like to take the 'scare the pants off them' offense.
I would write a letter to your tenants and, without going into specifics, ask them to keep a log of any unreasonable disturbances to their peaceful enjoyment of their home. That way, if this nut causes them to move prematurely, you will have evidence of your resulting damages.
That's what I would do.
I just came across this thread and found it very interesting. As a former police officer I dealt with people like that all the time. You mentioned something early on regarding your liability for your tenant's noise, etc. In the city where I live, the police "red tag" houses that are considered "party houses." If the police are called to a loud party or even just a few people with a loud radio at the house and the police actually observe the disturbance, a large bright red sticker is put in a front window. If the police are called to the house again for a disturbance (and they actually see it occurring), the residents are fined. If it is a rental, the landlord is notified with the first posting. After the second or third occurence (they keep making it more strict) the landlord is fined. He can go to court but the whole ordeal is just a pain.
Sounds like if this woman is as crazy as you say then the cops know who she is. We always knew who the people who had nothing better to do with their time but harass other people were. I would suggest you get your lawyer to write her a letter stating that she should only contact him regarding the subject. Also, a restraining order is not a bad idea.
And you have told your tenants about the situation? Ask them to call you anytime she says or does anything towards them. Keep a deatiled log of when, where, and what so that if you do need to get a restraining order or call police, or if she does try to sue you, you have everything documented. As a cop, one of the things ingrained in us was if it isn't documented, it didn't happen.
Good luck.
Thanks all! Great posts and advice. I appreciate your help.