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IF THERE IS A DISRUPTIVE TENANT WHAT DOES IT TAKE BEFORE MANAGEMENT EVICTS THE TENANT?


Asked 531 days ago

i AM ASKING BECUASE I HAVE A PROBLEM WITH A NEIGHBOR WHO IS EXTREMELY NOISY AND MANAGEMENT ALWAYS SEEM TO ACT LIKE THEIR HANDS ARE TIED AND THEY CANT DO ANYTHING TO MAKE THE TENANT CALM DOWN.

5 Total Answers
Answer by c_winslow on Jun 15, 2008 at 5:08PM
They act like their hands are tied because, generally speaking, they are. Look at your lease. See if it allows for them to fine the tenant for noise violations. If it does then they could take a long shot and try to get the tenant out for failure to pay a fine.

BUT- the truth of the matter is that most judges will not allow for an eviction for being a jerk.

I am a landlord and can honestly tell you that the only thing that I can do is ask someone to be more considerate. Anything else can be considered landlord harrasement and the tenant can sue.

What I would suggest is finding out what your municipal noise ordinance is and then calling the police every time the ordinance is broken.

You should also be aware that in most areas a tenant can be as loud as they want during the day

Answer by snyderjs on Jun 19, 2008 at 10:21AM
Your complex should have noise violation polocies. I suggest as the previous answer, calling the police is always a tactic to show your neighboor you are serious. I would speak to managment and find out what exactly their polocy is as well as READ YOUR LEASE, there should be a compliance section that reads something like "CONSIDERATION FOR OTHERS: Everyone living in the Building must be a good and considerate neighbor who understands and respects the fact that other persons should not be bothered by noise or other distractions" In this case you should be documenting, in writing each occurance of noise violation. Your landlord should be able to send what is called a 21/30 to the tenant in violation of their lease. This basically give the tenant in violation the option to COMPLY with their lease for or within 21 days, and if they do not they are given 30 days before EVICTION. Bring this solution to your managment and see what they say.

Answer by tarne on Jul 10, 2008 at 10:07AM
If the resident is currently on a lease there really is not much a landlord can do except serve a 3 day notice to cure covenants or quit. The really sucky part about that notice is that it gives the resident 3 days to violate that notice as much as he wants and the landlord can not do anything. After which he could send the resident to court and try to evict but I will tell you, no judge will evict a resident for being noisy and that is why most managers dont and cant really do anything. Once there lease has expired, a manger can give them to notice to vacate.

Your best bet is to keep calling the police. Eventually the police may write them a ticket if you press charges. It is a $750.00 fine but most cops are unwilling to do it.

The only time a manager can really get resident evicted if they are on a lease is if they do something very serious like a crime or threaten a resident or the manager then the landlord cant get them out on a 72 hour nuissance notice. But a lot of proof is needed for it.

Answer by newdurango195 on Oct 14, 2008 at 8:31PM
This also depends on the management company and their policies. (Along with what laws in your area require) Some communities will have essentially what is a 3 strike policy, meaning that if someone receives 3 or more lease violations of a similar or dissimilar nature, they would be sent a 30-day notice to vacate. As the previous responses indicated, that may all be a moot point depending on the judge that handles these matters. My best advice to handle a situation like this is to put these matters in writing and be as specific as possible.
One problem communities can have with a judge is that complaints can be quite vague and a judge will simply say that the resident needs to be more respectful. If you detail times and events that are causing your issues, it's more hard for a resident to fight these. Also, should the management company make this policy very clear to all residents, when they start receiving violations, it is usually a big wake-up call to see that this can very well get them evicted. I wish you the best of luck with your situation!

Answer by cvapts on Sep 30, 2009 at 12:55PM
Document Document Document..
A good manager will document every complaint and serve a warning notice to the disruptive tenant. Most California Courts will allow a manager to evict a disruptive tenant with enough documentation and witnesses. While it is not easy to evict a disruptive tenant, it can be done. You should insist that your manager follow up on complaints.

Good Luck
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