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Noise issue
Question
We have a noise issue between two tenants. The downstairs neighbor
claims the upstairs neighbor is so loud that they can't enjoy their apartment, however no
one else has complained. At this point it seems to be one person's word against the other.
What can we do?
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Answer
I would suggest you that you have the tenant that is complaining document
the noise. Have them keep a daily diary of what time and what kind of noise they hear.
Also, they could have friends over or ask management to send an employee over to enter
their apartment and listen. Finally, they should buy a tape recorder and tape the noise.
Andrew M. Hull
Attorney at Law
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Unauthorized person
Question
On of our tenants recently passed away and subsequently we found out
that there is an unauthorized person living in the apat1ment. How do we address this?
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Answer
The individual is considered an unauthorized occupant and you could
deliver a simple notice to vacate stating that this individual does not have your
permission to be in the apartment and is considered unauthorized and/or a trespasser.
You should also state that if the person does not move immediately you will be forced to
take legal action to have them removed from the apartment.
Andrew M. Hull
Attorney at Law
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Health issue
Question
Dear sirs,
I live in a very pleasant apt complex close to stores and I am a crossing guard at a nearby school, which is the reason I chose the apt so I could walk on nice days.
When I moved in, everything was great until I smelled marijuana smoke. It wasn’t too bad, maybe once or twice a month until I renewed my lease, then it became a weekly matter. I reported to the office. They said I was the first to say anything. They had noticed a smell, but couldn’t tell where it was coming from, only now it was coming from several small areas.
Police cannot do anything unless the person smoking is caught in the act. I am not looking to get anyone evicted or arrested, I just want them to be a little more courteous to their neighbors and go somewhere else to smoke it.
I have no choice but to move and pay the early lease cancellation fee. I cannot keep putting my health in danger.
Is there anyone else I can file a complaint with?
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Answer
You can serve the manager a 5 day Health & Safety noncompliance notice but you must be able to know which apartment the smell is coming from and be willing to go to court and testify. Your notice must be in writing giving management all the details and information you can. If management doesn't take the steps evict these tenants then you can legally break your lease and move.
Andy Hull/cfr
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Depreciation calculation
Question
Dear Sir:
I had a tenant in a property for 4 years and when he left, both the carpet and paint was totally destroyed as he had kept the house very filthy – it seems he had never cleaned the house in 4 years.
The carpet was installed in 2003, has a life of about 10 years and the original cost was about $2,000.00
I believe that I can only claim the depreciated value of the carpet, but I am not sure how to calculate it. Also, can I claim for painting the house and if so, how do I calculate the cost? Would that also need to be depreciated?
Thanks,
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Answer
To determine the proper pro rata portion to assess against a resident, the landlord must determine the reasonable lifespan of the item in question. For carpeting, a resident is allotted consumption on a one-for-one basis. If, for example, the lifespan of the carpeting is ten years and the resident lives there for four years, the resident is granted 40% of the carpet’s reasonable use as “normal wear and tear.” When the item is destroyed before its expected expiration, the resident may be held responsible for that share of the lifespan that should have existed after the end of tenancy. If the carpeting was new at the start of that resident’s tenancy and you replace the carpeting with a similar type, then the resident’s pro rata share is 60% of your replacement cost. However, if the carpeting was new two years before the start of the destructive resident’s tenancy and the previous tenant took reasonable care, then the pro rata replacement share for the destructive resident is only 40% (10 years less 2 for the previous resident and 4 for this resident equals 4, divided by the lifespan of 10 years).
Repainting is a harder issue to assess. Frequently a landlord will repaint the walls after the conclusion of a tenancy unless the dwelling was left in a spotless condition. In a tenancy of four years, as in this example, it’s reasonable to assume that repainting would have been necessary anyway. However, if repainting is necessary due to wall repairs (such as large holes or other significant damage), then repainting for the affected walls/rooms would be a reasonable charge. There are no hard-and-fast rules for “normal wear and tear” on walls, however.
Paul A. Henderson, Esq.
Law Offices of Scott M. Clark, P.C.
(602) 957-7877
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