Party Next Door
Tenants in the neighboring building are disturbing the quiet enjoyment of
my tenants by being drunk and disorderly almost every night. The owner of
the building keeps telling me that she will take care of it, but so far
there have been no results. What should I do?
This is a common problem in high-density housing environments like San
Francisco. Unlike a situation where one owner has control over both the
offending and the adversely affected units, in this instance you must
address complaints emanating from a source outside of your apartment
building.
The law allows both the disturbed tenants and you, as the neighboring
owner, to file a claim, called a nuisance lawsuit, against the landlord who
will not control the drunk and disorderly tenants next door. The term
“nuisance” is broadly defined to mean behavior or conduct that impedes
another person’s “quiet use and enjoyment” of their property. Common
nuisance claims include loud noises, strong odors, and/or dangerous
activities coming from another property. In this scenario, the neighboring
landlord is allowing the building dwellers to maintain an ongoing nuisance
in so far as the drunk and disorderly conduct each night seriously disturbs
the rest and relaxation of other surrounding occupants.
The first step is to ensure that you have at least two or three letters
from you to the other owner demanding that the nuisance be abated, or
stopped. Include correspondence directly from your tenants describing their
ongoing angst. Like all legal actions, you want to show the court that every
reasonable measure was utilized to resolve the dispute prior to litigation.
While you should not give the neighbor legal advice, you could suggest that
the offensive tenants might be restrained with the assistance of an attorney
who can terminate the tenancy if the partying does not cease. Thus, even
though you cannot evict these unruly persons yourself, inform the owner that
immediate action is required or you will have no choice but to initiate your
own legal proceedings.
If the noise continues, you must commence a case for nuisance. The filing
and service of this action will likely extract a more meaningful response
from the owner. If not, you and your tenants will present the situation to
the court and may receive a monetary award and/or an order prohibiting this
late-night calamity.
In sum, be proactive and do not ignore your tenants’ plea for help. While
you personally may not be disturbed by the ongoing chaos in an adjacent
property, good landlords are attentive to the right of their tenants to live
peacefully, and a failure to make substantial efforts to quiet the storm
could lead to your tenants moving out or, in the worse case scenario,
bringing a claim against you for not providing livable housing.
DW
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