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Serious problem - need help

Goodstuff

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I need advice on what to do here.

The tenant above my condo is a psycho, probably a drug addict.
My tenant lives below on the ground floor.
The above tenant has been partying all night, playing DRUMS(!) at night, spilling his beer onto the patio below, flicking his cigarette butts on our patio as if it`s his own garbage can.
I`ve complained to the board but they don`t seem to want to do anything about it.

Now the other night he threw a table(!) off of his balcony onto mine and it smashed. It had glass and it shattered all over the place.
My tenants have now said they are moving out because of this guy.
Cops won`t do anything unless he is causing a disturbance at the time they arrive. Of course, once the cops arrive he`s perfectly quiet, a real angel.

What do I do about this? Should I call a lawyer, since the condo board won`t do anything about it?

HELP!!!
 

Thomas Beyer

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QUOTE (Goodstuff @ May 20 2009, 10:46 PM) What do I do about this? Should I call a lawyer, since the condo board won`t do anything about it?
step 1: talk to him
step 2: send written notice to him, and cc condo board and property manager
step 3: send an invoice for damages
step 4: have your lawyer send a letter to him, and cc condo board and property manager
step 5: have your lawyer send a 2nd and more sharply worded letter to him, and cc condo board and property manager
step 6: file a small claims court for damages, incl. lack of sleep, actual damages, ..
 

Goodstuff

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QUOTE (thomasbeyer2000 @ May 21 2009, 01:08 AM) step 1: talk to him
step 2: send written notice to him, and cc condo board and property manager
step 3: send an invoice for damages
step 4: have your lawyer send a letter to him, and cc condo board and property manager
step 5: have your lawyer send a 2nd and more sharply worded letter to him, and cc condo board and property manager
step 6: file a small claims court for damages, incl. lack of sleep, actual damages, ..


Thanks for your help.
The condo board won`t give me the name or other info on the owner of the above suite.
Is it legal for them to not tell me who owns the other unit?
 

Thomas Beyer

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QUOTE (Goodstuff @ May 21 2009, 06:01 AM) Thanks for your help.
The condo board won`t give me the name or other info on the owner of the above suite.
Is it legal for them to not tell me who owns the other unit?
hence: escalate the steps !

you could check the title for owner !
 

BrianPersaud

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QUOTE (Goodstuff @ May 21 2009, 12:46 AM) I need advice on what to do here.

The tenant above my condo is a psycho, probably a drug addict.
My tenant lives below on the ground floor.
The above tenant has been partying all night, playing DRUMS(!) at night, spilling his beer onto the patio below, flicking his cigarette butts on our patio as if it`s his own garbage can.
I`ve complained to the board but they don`t seem to want to do anything about it.

Now the other night he threw a table(!) off of his balcony onto mine and it smashed. It had glass and it shattered all over the place.
My tenants have now said they are moving out because of this guy.
Cops won`t do anything unless he is causing a disturbance at the time they arrive. Of course, once the cops arrive he`s perfectly quiet, a real angel.

What do I do about this? Should I call a lawyer, since the condo board won`t do anything about it?

HELP!!!

Get your tenants to start documenting the dates and time of everything that is happening.


Make a spreadsheet with the following columns:

Date,
time
what happened
how it affected your tenant`s quality of life.
If you are in Ontario, your tenants can get free legal advice and they can bring issues to the Landlord tenant board a lot cheaper than you could. I`ve never heard of an instance where a tenant has brought an issue against another landlord...but you can find out the process.

Have a real estate agent check the title or go to the city tax assessment office...perhaps the landlord would want that person out anyone. Educate them that they could use the information to evict them.
 

mcgregok

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QUOTE (Goodstuff @ May 20 2009, 10:46 PM) I need advice on what to do here.

What do I do about this? Should I call a lawyer, since the condo board won`t do anything about it?

HELP!!!

The board does have a duty to enforce the bylaws of your condo. Review the bylaws with your lawyer to see if you have a bylaw for the right of enjoument of your property. Insist to your board that they enforce these bylaws or step down and let someone else do the job or you will take legal action against them for your damages. I am at a loss to explain why people take on the responsiability of a directoir then do nothing and ruin the building for everyone.
 

GarthChapman

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Some random thoughts -

In Alberta tenants have the right to the peaceful enjoyment of their property. You can act here to evict a tenant who deprives another tenant or the landlord of same. I wonder how that might apply in this case? Don`t know what province you are in...

You need to find out if he is owner or tenant. As Thomas advises, check the title to the property.

Post a letter on the guy`s door declaring what you are going to do if this does not stop immediately, including a suit in small claims court for losses incurred (including whatever you may lose in rent and associated costs).

Put heavy of pressure on the condo board. Demand they write to the owner. Tell them if they do not act to enforce their own bylaws that you will have your lawyer inform them how they will be in court over that issue. Let them know you will launch a suit in small claims court for losses incurred (including whatever you may lose in rent and associated costs), naming the Board as a co-defendant. Call them constantly, go to their offices of the property manager - generally make it way easier for them to deal with this than to deal with you demanding that they deal with this. Be a very squeaky wheel.

Gather evidence.

Offer your tenants some incentive to stay. Ask if they will take video with sound each time their is a problem with the guy upstairs - and supply them with the video camera.

Talk to other residents to see if they will join your crusade.
 

Goodstuff

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QUOTE (GarthChapman @ May 21 2009, 07:14 PM) Some random thoughts -

In Alberta tenants have the right to the peaceful enjoyment of their property. You can act here to evict a tenant who deprives another tenant or the landlord of same. I wonder how that might apply in this case? Don`t know what province you are in...

You need to find out if he is owner or tenant. As Thomas advises, check the title to the property.

Post a letter on the guy`s door declaring what you are going to do if this does not stop immediately, including a suit in small claims court for losses incurred (including whatever you may lose in rent and associated costs).

Put heavy of pressure on the condo board. Demand they write to the owner. Tell them if they do not act to enforce their own bylaws that you will have your lawyer inform them how they will be in court over that issue. Let them know you will launch a suit in small claims court for losses incurred (including whatever you may lose in rent and associated costs), naming the Board as a co-defendant. Call them constantly, go to their offices of the property manager - generally make it way easier for them to deal with this than to deal with you demanding that they deal with this. Be a very squeaky wheel.

Gather evidence.

Offer your tenants some incentive to stay. Ask if they will take video with sound each time their is a problem with the guy upstairs - and supply them with the video camera.

Talk to other residents to see if they will join your crusade.

Thank you everyone for the great advice. I spoke with the rep from the condo board today and brought up the subject of damages for losses incurred. That really got their attention. They are speaking with the owner now and are going to get back to me tomorrow as to what plan of action they will take.

This is in Calgary. I`m going to take your advice and keep the pressure on them daily. I`ll also ask my tenant to record everything, past as well as future. I`m also going to bring up the bylaws and ask why they don`t want to enforce them.

The rep at the board said today that the owner of the above property told her the tenant`s contract is up at the end of June. I told her that I want something in writing to prove they won`t be renewing the lease and that he`ll be gone.

What a nightmare. Lots of learning going on with this one.
 

GarthChapman

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QUOTE (Goodstuff @ May 21 2009, 08:05 PM) By the way, he is the tenant. I know that for sure.

Good stuff, Goodstuff

Sorry, had to do it
 
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