HELP: Neighbor Keeps Harassing My Tenants

Elgee · 03:13 PM

What can I do about the woman below my tenants who is making their lives miserable and making me feel that she is going to drive away my tenants?

She harassed previous tenants: Examples: complained to HOA that they tossed a TV off the balcony. Her "evidence" was that she saw a TV on the grass. Complained repeatedly to HOA that they were noisy (yelling when the man beat the woman; a heavy chain dragging on the kitchen floor; loud banging and thuds late at night; dog barking). She contacted animal control and reported that they left their dog out on balcony for hours barking in cold weather. NONE OF THIS WAS TRUE.

For current tenants, examples: Told HOA their dog lunged at her (NOT true); told HOA dog is a pitbull (NOT true); told HOA dog is unleashed (NOT true); called animal control twice and made false claims about barking.

My lease has language exempting me from getting involved in resolving conflicts with neighbors. I put that in there after what happened with previous tenants. Nevertheless, I've decided to get involved to the extent of helping this innocent young couple so that they will want to stay there.

Forget filing a police report. I spoke to police and police will not do anything because the neighbor has technically not committed any crimes by making complaints (even though they are lies) to the HOA or animal control.

Though my tenants are innocent, this isn't good enough because the HOA said the burden of proof is on the accused, not the accuser. They must prove dog is safe. This means we must get the animal control officer who came out to write up documentation that dog is safe and send it to HOA. HOA automatically sends me violation notices whenever this woman complains. I've repeatedly told them she is a liar and never has any witnesses, but it's like talking to a wall. HOA rep told me my tenants were invited to attend an HOA board meeting Oct. 11; and why didn't they show up? I later asked my tenants and they told me they were never informed of the meeting, and didn't get the violation notice till Oct. 15!! This is how mixed up the HOA is.

HOA will not do anything to make this woman stop making complaints. We just can't ignore her because my tenants, as well as me, keep getting violation notices of her complaints, and warnings I'll be fined. I've already been fined due to her claims the dog lunged at her and is a pitbull. The fine is in the process of being contested.

Tenants will be meeting with an atty from the local tenant/landlord hotline office. Tenants told me all they were told is that if it can't be resolved via whatever happens at this meeting, that they will be set up with a low-cost attorney.

This is insane. This young couple cannot afford even a low-cost atty, and the aggravation will surely make them either break the lease or not want to renew.

The only advice I got from my Realtor was the ph. number for the tenant/landlord hotline. Can any of you here give me advice? Something I can do to scare this woman into submission, short of going over there myself and slamming her into a wall? If I go over there, I guarantee it, she will not even give me two seconds. The minute I identify myself, she will shut her door on me. She cannot be reasoned with.

She is a renter. I have the phone number and address of her landlord. I have not contacted him because I'm waiting to see what the atty says to my tenants. And even if I did contact him, he might just blow it off anyways.

What would you do? How do we get this woman to stop? She has NOT made any physical threats to my tenants. They have tried to speak to her and she says, "I don't have to tell you anything."

Do not assume my tenants really ARE creating disruption. Trust me, they have done nothing. The neighbor is unhinged.

Please send your advice to my e-mail at:
stories1@msn.com

THANKS !!!

lprest · 10-22-2007, 11:49 AM

Could the tenants sue in small claims court for harrassment? Whether in scc or through a lawyer, they should consider suing both the person AND the HOA, because the HOA should not automatically take sides like that. I would also try talking to her landlord. It won't hurt, if you do it tactfully, and it MIGHT help.

Steve Didier · 10-24-2007, 06:14 PM

Wow - that is a tough situation. I really can't think of any LEGAL ways of taking care of it. I hope somebody has a better answer than me - I was getting angry just reading the post.

Perhaps they should turn the tables and start making complaints to the HOA against the old woman. Since the HOA apparently assumes whoever is doing the complaining is in the right.

That seems like petty advice on my part, for sure...

Elgee · 10-24-2007, 06:44 PM

Yes, that is what's in the kettle -- give her a taste of her own medicine. This is already being done: Tenants reported to HOA that her car did not have a parking tag (penalty is towing) and a few days later, she got a warning sticker on her car. But she might not deduce my tenants were the ones who complained. Tenants reported that a guest of hers had an unleashed dog.

Additional complaints against her (which will be truthful, such as she conducts loud music lessons that can be heard at 8 in the morning), are on hold, pending outcome of flurry of e-mails and phone calls from me and the tenants, to the HOA.

JimOlenbush · 10-24-2007, 09:11 PM

Call her landlord. He may be sick of her too, and that could be the last straw for him to not renew her lease! If he blows it off then it didn't hurt anything - just wasted a few minutes of your time. And good luck!!

ericbadgley · 10-24-2007, 09:30 PM

Wow I would sell your house immediately. Give me a jingle I'll find a Realtor for you lol!!

Thats why I think if I were to become a landlord it will be commercial, like storage units.

Smuck · 10-24-2007, 10:41 PM

I would certainly be upset if I woke up in the morning to a tv in my back yard. I would also be upset if the landlord above me rented an upstairs unit to owners of a large dog. Apparently, one that looks like a pit bull.

We have several rentals and make a substantial portion of our income off of investment properties. I suspect if you give the "difficult" tenants below your tenant the benefit of the doubt, you may find some things out about yourself as a landlord, as well as the activity of your tenants.

Unless you are on site, how do you know the tenants below are lying about anything? How do you know your own tenants are not the liars?

The police and HOA are not getting involved because the tenants below your tenants have not violated any laws and/or covenants.

Lastly, a dog that hints of attacking anyone is a lawsuit waiting to happen, especially when the dog has been reported as doing so.

jessiesc · 07:25 AM

Actually, we own a unit similar in nature, a waterfront townhouse which we rent to short term, long term vacationers and permanent renters.

We do very thorough screening of our tenants and to date have not had a single complaint from any of the neighbors. In fact, they hold monthly BBQ's and always invite our tenants to join (very friendly place

).

We also permit pets (with approval (we actually have to meet the dog) and non-refundable pet fee), however we do not permit certain breeds of dogs both for insurance purposes and the safety of everyone in the complex. NO Pitbulls is at the top of our list.

However, there are several units in the complex not as fortunate tenant wise as we are. The owners seem to consistently get the most noisy, carefree tenants they can find. The result has been several complaints to the HOA which usually results in eviction.

I agree with smuck, if you are not there how do you know who is at fault and what the actual facts are? Have you questioned any other neighbors in regards to the complaints?

Personally, I stay in contact with the neighbors of our unit and continually speak with them regarding my tenants. I question them about noise, pet and visitor issues to be certain they are not interfering with the permanent residents and all is well. I don't want any issues being caused to my neighbors because my tenants are unruly.

After all, my neighbors are the tax payers, not my tenants. I can always get a new tenant, but good neighbors are hard to find.

I'm very interested to hear how this unfolds.

BrandonSternfield · 10-25-2007, 08:38 AM

I don't have any idea about the problem.. I just want to point out that Pit Bull as a breed isn't the problem... they are only aggressive if raised that way. The most 'aggressive' my pitbull gets, is when she takes her head, and nudges your hand with a little force (with her nose) for you to pet her.

She loves little kids and gets along awesomely with other dogs (like my other 2, and others at the dog parks). Just because it's a pitbull doesn't mean it will attack

Unless your tenants raised it poorly...