Posted by Jim Rayner on March 08, 2004 at 07:12:06:
Chris,
Short answer is Yes.
Generally speaking the neighbors will look to you to resolve issues with your tenants when they are effected regardless of the nature of the problem.
Assuming you have rented to a pet owner using a pet addendum and policy there should be clauses that deal with this specific issue. While it would be expected that there will be a period of adjustment for the dog I would not take the extreme action of threating that the tenant and/or the pet have to go.
I would however make a phone call followed up in writing regarding this particular incident noting the circumstances of considering it a period of adjustment but also reminding the tenant of the policy regarding barking.
I would send a copy to the neighbor to show that you have informed the tenant of the incident and reminded them of the policies regarding pets.
I always work at encouraging my residents to be good neighbors not only to each other but to other adjacent neighbors. I annually issue a copy of a pamphlet we developed title " Are You Being a Good Neighbor. " It contains information on how they can work out disputes between neighbors without involving the landlord. It encourages them to try to work it out themselves because my only solution if its two of my residents is to evict them both for the sake of the rest of the community.
When it involves a neighbor that’s not a resident I always want to be involved. Preserving a good relationship with that type of neighbor can be essential to keeping your property performing well.
Is tenant’s barking dog my problem? - Posted by chris-atl
Posted by chris-atl on March 08, 2004 at 06:33:54:
My new tenant’s dog was barking all night long last night and the neighbor called and complained that she couldn’t get any sleep. So who’s problem is it? Shouldn’t I just tell the neighbor to talk to the tenant and try to resolve this issue? Or do I need to talk to the tenant? Am I liable for this?
Re: Is tenant’s barking dog my problem? - Posted by Long Beach Ed
Posted by Long Beach Ed on March 08, 2004 at 15:07:33:
In New York, this would be your problem. The landlord is responsible, generally, for problems caused by others on property he owns. It is the landlord’s responsibility to insure that nothing happens on his property to harm others.
This is probably a state-by-state issue, so you must see what the law says in your state. I would warn the guy once or twice, then throw the bum and his dog out.
Re: Is tenant’s barking dog my problem? - Posted by Frank Chin
Posted by Frank Chin on March 08, 2004 at 10:58:44:
Chris:
Get involved.
I heard stories thru the years how neighbors retaliate against absentee landlords who “rent to just anyone and doesn’t care …” Neighbors have been known to:
1- Turn landlords in for renting to “more than the number of unrelated persons” as called for under some town ordinances.
2- A tenant of mine said he turned a landlord in for an illegal conversion after the owner across the street ignored his complaints of tenants in the illegal building “parking cars in front of his house”.
Of course, legally, its a public street, and the tenants can park anywhere, and the landlord is legally not the tenants “mommy”.
So legally, he cannot convert a SFH without a permit.
My tenant logic was "I don’t mine him making a few bucks to feed his kids, but just let my friends have a parking space when they come.
3- Another upset neighbor checked the public records and found the landlord got a “owner occupied loan” rather than a “NOO” when the landlord ignored her complaints.
Legally, the landlord shouldn’t be committing loan fraud.
4- And complaints were filed against another landlord for “health and safety” reasons when the landlord ignored complaints the tenants did not cut the grass.
Most of the above landlord could’ve avoided a heap of trouble just by being nice.
You probably have a responsibility to pass on the neighbors complaint. I wouldn’t suggest a neighbor confront your tenant, then you really could have liability if they have a scuffle and the neighbor tells their lawyer you said to go to your property and resolve it.
After that the neighbor should probably let the authorities decide if there’s a legal problem, you may have noise ordinances or nuisance laws that they can enforce. You might want to research it yourself first then suggest a course of action for the neighbor that doesn’t involve confrontation.
You might not want to get between them because if you make the neighbor angry they could make life difficult when you go to sell and if you make your tenant angry, well, let’s not even imagine what they could do.
Are you legally responsible? Doubtful, but the neighbors for some reason will expect you to be the tenants mommy, and will call you for any and all personal issues or conflicts they have with the tenant.
Instead of simply working it out amongst themselves, for some reason people think the landlord is a tenants mommy and will call you up for any issue or conflict they have with your tenant, believe me.