Tenant Dispute

[BDFI]

Hello All,



I have an up/down property in Alberta where the tenants are not getting along. The basement tenant moved in about two months ago and within a couple of weeks she began complaining regarding the upstairs tenant. She has been complained that the upstairs tenant's music, talking, walking, ect is too loud. The upstairs tenant has been living there for approx. 2 years and I have previously never had a complaint against him. When I speak to him regarding the complaints he says nothing has changed and he feels she is effecting his quality of life with the complaints. I truly do not know who to believe and it is the classic "he said"/"she said". Everybody has had enough and I would like to resolve this ASAP and feel the best way is to have one of the parties move. I have asked both parties if they will move and they both indicate they have done nothing wrong and feel they are being punished for the other persons behavior.



The basement tenant informed me today that the upstairs tenant had a roommate move in last week. If true, this appears to be the ticket to evicting the upstairs tenant.



Have any of you had experiences like this? If so, how did you handle them? Would you provide the upstairs tenant a 14 day eviction if you could prove there is a roommate (I can post a 24 hr notice and inspect the place for evidence of a roommate)?



Thanks,

Bart

 

[Sherilynn]

If the upstairs tenant has an unauthorized roommate, you may evict the unauthorized occupant (with 14 days' notice) but not the tenant (unless the roommate doesn't vacate, then you can evict both).



If you have had the upstairs tenant for 2 years with no complaint, then I would explain this to the basement tenant and tell her that's just the way it is and there is nothing you can do about it and she is free to move with 30 days' notice (or you can offer for her to move with less notice, if you both agree - be sure to get it in writing). First, you may want to contact a couple of previous basement tenants to confirm that the upstairs tenant's noise has not been a problem that they just didn't mention.



For future, you may want to try 3-month trial leases for all suites. That way, if the tenants don't get along or are too much trouble for you, you can choose not to renew the lease. No eviction required.



You can present this as a selling feature for your tenants: "We use a 3-month trial lease so that if anyone isn't happy for any reason, you are not tied into a long lease." Two of the reasons we have had tenants use the trial lease are allergies and fear of spiders (she had never lived in a basement suite before). Reasons we have used it: noise (including yelling profanity at her children) and an unholy witch (different tenant).

 

[AminMurji]

Sherilynn, that is an excellent idea of having a trial 3 month leases for suited houses. I have one tenant who has been a jerk and I am stuck with him until the lease expires next year. I am going to do that for my leases from now on. This is agem. Thanks Sherilynn!

 

[BDFI]

Hi Sherilynn,



Thanks for the response and great advice.



Thanks,

Bart

 

[kfort]

Agreed on the three month lease. I dodged a bullet recently when horrible tenants agreed to move out early... Basement is now set up for 3-4 month lease. Won't be going back anytime soon.

 

[kir]

IF there is a noise problem , could it just be that:

a) the noise transmission is a real issue and a legitimate concern for any tenant, so 3-4 month lease is going to solve anything, I feel.

b) Some people are more tolerable than others



I have these noise issues before, so I insulated with roxul and drywall...I think it made a huge difference...

Next time, I might try it with sound-proof drywall...they say it is equivalent to 8 sheets of drywall. The cost can range from 50-100 dollars per 4X8 sheet. If anybody has any comments with this type of drywall, please let me know.





thanks,



Kir.

 

[morismemo]

Hi ,

I am fully agree with sherilynn Thanks for the great idea.

 

[Wahta]

I don't have personal experience with the soundproofing drywall, but it was featured on a Holmes On Holmes episode. They also said that it was the equivalent of eight sheets of regular drywall and, after installation, they used a decibel meter to test the before and after of sound transmission. Pretty impressive results, as I recall.



Cal White

 

[Sherilynn]

[quote user=Wahta] I don't have personal experience with the soundproofing drywall, but it was featured on a Holmes On Holmes episode. They also said that it was the equivalent of eight sheets of regular drywall and, after installation, they used a decibel meter to test the before and after of sound transmission. Pretty impressive results, as I recall.



Cal White





Sounds great, thanks! (Pun intended.)