CAN WE ALL JUST GET ALONG?
Property management dealing with tenant disputes happen more often than most realize. Most of the time it is a simple complaint called into the management office regarding minor offenses of noise, dog barking, someone took their parking spot. However, sometimes it is more serious and can escalate if not addressed properly or if the tenants take it upon themselves to try and settle the issue. Below is a link to such a complaint that is often heard by management, noise. What makes this one a little different than your typical complaint is the escalation via communication between the tenants. Read the article and then read the rest of the post concerning this type of issue.
So this is where a property manager actually comes into play. The tenant in unit 5J actually should never have posted a note on the door of tenant 6J as the tenant in 5J doesn’t have the right to do so. In fact, that could be interrupted as a form of menacing in the state of Ohio and a violation of the lease agreement if it has a clause regarding peaceful enjoyment, most leases do. What the tenant in unit 5J did do correctly, if in fact he did do as stated, was to notify …management. Management can then notify the tenant in unit 6J that a noise compliant was raised and can communicate the rules and policies regarding such issues. However, if the tenant in 6J is chronically causing a nuisance via noise at unacceptable levels and/or times of the day then I often will instruct the complaining tenant to call the police. I do this to start establishing a case against the offending tenant as it can be very difficult to evict someone just based on the statements of a tenant. Therefore the police reports serve as excellent evidence to present in court when the police officers can confirm they witnessed the noise or other nuisance on the property. Usually, three police runs to the same unit will trigger an automatic start of the eviction process under our rules and regulations. As for the references to race by the tenant in 6J and the articles writer it is of no consequence and will not matter in eviction court as long as the rules and policies are applied fairly and without any bias. This is why it is important to stay within the bounds of the policies that hopefully include strong fair housing language and be consistent in the application of those policies. We all have our favorite tenants who bring us treats and always wish us a happy holiday but under no circumstance can you give them a pass on the rules. Doing so can perhaps put you a jeopardy of a fair housing violation. Know your state fair housing laws they are often more stringent than the federal fair housing laws and your state will hold you to the more stringent of the laws. Case law is very important as well and is something you should get in the habit of reading about via various publications. As always fair and consistent is the best policy when dealing with tenant disputes. www.residentproperties.com