PLEASE help - problem with renters next door

Started by ElizabethB3 • 12 replies • 3006 views

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ElizabethB3 (Washington)
Posts: 5

Posted:

I own and occupy a semi-detached townhome with one other townhome sharing a wall with me. The owner of the townhome next door decided to rent it out to two individuals who drink all the time, play loud music, and have loud children.

I had gone over there twice during the last year to ask them to turn down their music. In November, I went over there a third time to ask them to turn down their music and both of them starting yelling cuss words at me and one of them actually threw a lit cigarette at me. I called the police, wrote a letter to my HOA, and called the owner. A week later, I called the police again to complain about loud bass music they were playing at 1:00 a.m. I have written 4 letters to the HOA about these renters and the police have been called twice. The owner has been warned that every subsequent violation will result in a $75 fine.

I just found out that the owner is going to resign them for a 1-year lease!!! I am in despair. I called the HOA and they said they cannot force eviction.

Here is an excerpt from our association house rules:

"The Board of Directors may demand an owner evict any tenant who does not comply with the rules, fine the owner or seek other relief, including the Association’s attorney’s fees incurred to enforce these rules, the Declaration, Bylaws and/or provisions of the **** Condominium Act."

I am on the board. Should I push the issue and demand a meeting of the BOD to evict these tenants or do I not have a leg to stand on?? Any advice would be greatly appreciated - thank you so much!!!

RobW (California)
Posts: 279

Posted:

What follows is only my opinion...

I get that you're frustrated (and who wouldn't be?), but you can't use your position on the board to try to force an eviction in this case. You shouldn't make any motions or even vote on taking such an action. It would be a conflict of interest that could very easily come back to bite you on the ass. You also need to be careful that you aren't perceived as "throwing your weight around" as a board member for personal issues. Besides, it's not eviction that is what you're after, but to live "in quiet enjoyment" of your home - something any citizen has the right to expect, whether a member of a common interest development or not.

However, you have every right to pursue whatever remedies any homeowner would have in this case. I would keep the pressure up on the board to do the right thing, whatever that means in this case. One thing I would do is refrain from confronting the renters yourself, since from the sound of it, it may very well escalate into an altercation, and trust me: if that happens and the police are called, you could find yourself in legal and political hot water, with all moral high ground lost, along with whatever leverage comes with it.

In addition to the pressure put on the association to deal with this, I would consider hiring an attorney to write the owner (not the renters) a letter, threatening to sue. I would also immediately (if you haven't done so already) start keeping a log of dates, times and descriptions, as detailed as possible, of all of the incidents that violate local ordinances and your governing documents. Include the names of any participants and witnesses, and build your case.

Rob

ElizabethB3 (Washington)
Posts: 5

Posted:

Thank you so much for this reply - I'm a single woman dealing with this and yes, I am totally frustrated and feel powerless. It's my first house, dang it, and it's being ruined by these trash!

I really appreciate you making the point about not using the board for personal issues - totally makes sense and clarifies things because you're right: I don't care about eviction, I just want to not hear loud music and have cigarettes thrown at me!!

I DO NOT in any way talk to or deal with the renters themselves - you are absolutely right about that. They are not the problem, the owner that rents to them is the problem. With that in mind, I am going to hire an attorney to write a letter. Thank you so much for the advice.

RobW (California)
Posts: 279

Posted:

Good luck, and keep us in the loop.

Rob

RobW (California)
Posts: 279

Posted:

One other thing, Elizabeth: Throwing something at another person, or even spitting at someone - whether it lands on the target or not - is generally defined as assault in many states. Not sure about Washington. Did the police ask you if you wanted to press charges?

Rob

ElizabethB3 (Washington)
Posts: 5

Posted:

Rob, that is what I am kicking myself about. When the police came, they just talked to me and then the renters. In my emotional state at the time, I didn't think to insist they take a report. I should have!!! Do you think that will matter a lot for my case? At least it is still on record that they came to my house, and if I consult an attorney I should be able have the cops pull up that visit, right?

I will definitely keep you informed of my pathetic soap opera that I never asked for and that this has become! Human drama is amazing.

RobW (California)
Posts: 279

Posted:

Living in close quarters with other humans is difficult, even under the best of circumstances. As I write this, the shared wall between my condo and the next is shaking from the pounding of workers remodeling the unit next door. The owners are friends of mine, and I'm the Architectural Control Committee chair, responsible for approving the project. It was described to me as the installation of a hardwood floor and some painting. They lied to me, and I've known them for 24 years. They would have been required to get a building permit and provide a set of plans, had they told me the truth.

It just makes me depressed. Irritated that I was prepared to put up with all of the noise and debris, yes - but mostly depressed that people can't be honest and straightforward, even with their friends. Now I'm in a bind, and it's simply not fair to have been put into this position.

Now look at your situation: even less constraints on the owner of your neighboring unit to respect your rights; but in the end, it all amounts to the same thing: crushed expectations and a sense of betrayal. When we buy a home in a common interest development, we buy into a covenant to value our neighbors' interests and concerns at least as much as we value our own. But how many of us actually follow through on this commitment? It's sort of like getting married to a mob of strangers, isn't it? We may say all the right things in the ceremony, but the truth is in the living.

By the way, you aren't powerless. Step back, look at this like a game, and research the options open to you for winning it. Knowledge is power.

Rob

DianaB4 (Oregon)
Posts: 13

Posted:

We send the owners a violation notice letter and give them 3 weeks to fix the problem. If it happens again, the owner gets fined. The financial penalty seems to work well. We also have 'quiet' times built into our Community Rules.

GrayG (Washington)
Posts: 1

Posted:

I agree that you should not confront the renters. At all. And while you are on the board, you also have rights as an owner. Bring the complaints and documentation to the board. If necessary, repeatedly. Document every call to the police even if no police report is generated. Tell the board every time. In other words, become the squeaky wheel. But be true. As prez on my small board, I also only deal with the owners, rarely the renters.
Your board should alert the Owner to any problems and could threaten fines over each violation of cc&r's or legal action. Here, the threat usually gets some action. Good luck

ElizabethB3 (Washington)
Posts: 5

Posted:

Thank you so much for your responses.

After the incident with the cigarette thrown on me in October 2010, I vowed NEVER to talk to or acknowledge the renters themselves in any way. And I never have! My dealings have been strictly with the police and the HOA.

To continue the soap opera, here is what happened last night: At 10:30 p.m., right when I was falling asleep, loud bass music came blaring through my wall. I immediately called the police and they came by to tell them to turn it down. Add this incident to the other loud music they played 3 days ago, and that equals two new complaint letters from me to the HOA which equals two $75 fines. Hooray!

As Rob B. said previously, and this has helped tremendously, look at this as a game and that I have power as an owner. Thank you all!

PamelaM5 (Florida)
Posts: 85

Posted:

Quote:

Posted By ElizabethB3 on 03/20/2011 9:04 AM
Thank you so much for your responses.

After the incident with the cigarette thrown on me in October 2010, I vowed NEVER to talk to or acknowledge the renters themselves in any way. And I never have! My dealings have been strictly with the police and the HOA.

To continue the soap opera, here is what happened last night: At 10:30 p.m., right when I was falling asleep, loud bass music came blaring through my wall. I immediately called the police and they came by to tell them to turn it down. Add this incident to the other loud music they played 3 days ago, and that equals two new complaint letters from me to the HOA which equals two $75 fines. Hooray!

As Rob B. said previously, and this has helped tremendously, look at this as a game and that I have power as an owner. Thank you all!

Did they ever sign that new lease or is there still a chance that they won't be asked to do so?

ElizabethB3 (Washington)
Posts: 5

Posted:

That is what I am hoping. Their current lease runs out on March 31st, so in a way these two recent incidents that include $75 fines actually happened at quite a good time. I am hoping this the straw that will break the camel's (or owner's) back and these two idiots will be kicked out without me having to go to a lawyer.

If they do end up staying past March 31st, I will be suing the owner.

A funny tidbit: Last night, after the cops left from telling them to shut up, I could clearly hear from within my own townhouse one of the renters' voices shouting up at me from outside: "Thanks Beth, remember... ANOTHER YEAR," making reference to the fact that they will supposedly sign another lease.

Oh honey, you'll be singing another tune when two $75 fines hit your landlord's mailbox on Monday or Tuesday, followed by a lawsuit!

It is SO PATHETIC that it had to come to this. I never in a million years thought I would be involved in such a ridiculous soap opera. Thank goodness for HOAs!!!

RobW (California)
Posts: 279

Posted:

Good job, Elizabeth!

Use the force, Luke...

(-:

Rob

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