PROBLEM TENANT
PROBLEM: A tenant renting a unit in our community plays loud music late at night, about which neighbors complain constantly. We’ve informed the tenant that he is creating a nuisance, to no avail. The unit’s owner says he will deal with the issue but hasn’t done so and is no longer responding to our e-mails and calls. What can be done?
SOLUTION: The association’s relationship is with the owner, not with the tenant, over whom the board has no direct control. The tenant should be required to obey association rules, but it is the owner/landlord, not the board, which is obliged to enforce them. So, the board should focus its enforcement efforts on the owner.
Start (if you haven’t already done so) by sending a letter to the owner explaining the problem and asking the owner to deal with it. The letter should also note that the owner is responsible for the tenant’s infractions and will be fined accordingly if the violations continue.
If the owner doesn’t respond, or if the response isn’t effective, start fining the owner. Also have the association’s attorney send a second letter, this one threatening court action if the owner does not deal with the problem tenant. This letter should also point out that under the Massachusetts condominium statute, the owner will be responsible for the association’s courts costs and fees if legal action is required. The prospect of mounting legal bills will usually elicit a response.
If polite requests, fines, and threats of legal action fail, the association can seek a court order requiring the owner to evict the tenant. In extremely serious situations, involving the health or safety of other residents, the association may ask the court to intercede directly and issue an eviction order on its own. Because it is expensive and time-consuming, court action should almost always be a last resort.
The board should also review its requirements for owners who rent their units and consider adopting requirements if you don’t have them. At a minimum, associations should require investor-owners to:
Have a lease with their tenants.
Incorporate the community’s bylaws and rules and regulations in their leases and make violations of association rules grounds.
Make it clear to tenants that the owner is responsible for enforcing the rules and will do so.
Explain clearly when tenants should contact the owner about a problem (almost always) and when they should contact the manager, maintenance personnel, or the board (only in emergencies).
Give the board a copy of the tenant’s lease, along with signed acknowledgments that the landlord has provided, and the tenant has received copies of the community’s rules and regulations.
When confronted with a problem tenant, the board should document all complaints against the tenant and the board’s efforts to require the owner to address the problem. This documentation will be essential should the board initiate legal action against the owner or seek to persuade a court to intervene.
One thing the board should not do is insist on the right to pre-approve tenants. The lease is between the owner and the tenant. Inserting the board into that relationship is both unnecessary and undesirable. It will provide no benefits the board wants while creating headaches and potential liability (for discrimination complaints, for example) the board doesn’t need.
If you have any questions, please contact your MEEB attorney directly or reach us at law@meeb.com.