noisy tenant moved a friend with kids into the apartment

[johnnycakes]

What is the name of your state (only U.S. law)? Massachusetts

I have a first floor tenant in a 3 family who i've been getting complaints about. They are a young couple with great references. They came in and painted the whole place. The people upstairs had been complaining about children running around and making lots of noise. The tenant said that her friend and kids moved in because she lost her apartment. I told her that you can not move people in that are not on the lease and that the apartment is not deleaded so children should not be living there. (the city offers grants for deleading so I would have had it deleaded had I known and it would cost me no money).

My good tenants upstairs who have never complained in two years are still complaining. The first floor tenant says her friend moved out but still comes to visit a lot. However, the other tenants say that the woman with the children is still there and that her car is parked out front all the time. Each time I drive by-- 3 or 4 times in middle of the day, 1AM, etc-- I see the car.

The first floor pays on time and seems good otherwise. I'm not sure if her boyfriend moved out and she needed another person to help pay or what. The noise is not my biggest concern but children living there while not deleaded is an issue.

I have taked to the first floor a couple times about the noise and she said she didn't think the noise was excessive and that her friend is not living there. I have not approached her since realizing the friends car is there all the time. She could just say the car broke down and she left it there.

What should I do?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Massachusetts

I have a first floor tenant in a 3 family who i've been getting complaints about. They are a young couple with great references. They came in and painted the whole place. The people upstairs had been complaining about children running around and making lots of noise. The tenant said that her friend and kids moved in because she lost her apartment. I told her that you can not move people in that are not on the lease and that the apartment is not deleaded so children should not be living there. (the city offers grants for deleading so I would have had it deleaded had I known and it would cost me no money).

My good tenants upstairs who have never complained in two years are still complaining. The first floor tenant says her friend moved out but still comes to visit a lot. However, the other tenants say that the woman with the children is still there and that her car is parked out front all the time. Each time I drive by-- 3 or 4 times in middle of the day, 1AM, etc-- I see the car.

The first floor pays on time and seems good otherwise. I'm not sure if her boyfriend moved out and she needed another person to help pay or what. The noise is not my biggest concern but children living there while not deleaded is an issue.

I have taked to the first floor a couple times about the noise and she said she didn't think the noise was excessive and that her friend is not living there. I have not approached her since realizing the friends car is there all the time. She could just say the car broke down and she left it there.

What should I do?

If you have unauthorized occupants in the property, then I would suggest serving your tenant with a notice to quit for cause. Otherwise, you run the risk of the friend's running around there, adding that much more wear and tear to the property, and continuing to receive complaints from the other neighbors - not to mention the risk of those children being exposed to the lead paint and YOU potentially being left on the hook for that.

 

[BL]

I would also suggest that next time the property is vacant ,or if deleading can take place while occupied to to take your local up on the offer of free lead removal.

Tenants can have guest ,including children.

 

[justalayman]

don't they care about adults getting lead poisoning in Massachusetts?

 

[DeenaCA]

I'm not familiar with your state landlord-tenant law, so you'd need to research that if you plan to file for eviction. A couple of your comments about lead-based paint concern me. Lead paint is an extremely hot issue right now due to federal requirements that have increased in the last few years.

the apartment is not deleaded so children should not be living there.

It's against the law to bar families with small children on the basis of lead paint. It's surprising that you haven't already been required to abate the lead in a 3-unit residential rental building. Although the requirements increased since 2010, similar federal and state laws have been on the books for 20 years.

They came in and painted the whole place.

This could violate the EPA rule on Lead Renovation, Repair and Painting (the RRP rule).

Information on your state law: http://www.mass.gov/eohhs/gov/laws-regs/dph/regs-i-l/lead/massachusetts-lead-law-requirement.html

Info on the federal RRP requirements: http://www.epa.gov/lead/rrp/property-managers.html

 

[johnnycakes]

I am only required to delead if someone with children wants to rent the apartment. In this case the children were moved in without my knowledge. And the tenant denies that the mother or children are living there. There is no discrimination going on. I said that they should not be living there if there is lead paint.

 

[sandyclaus]

It's discrimination if you aren't letting them live there BECAUSE of the lead paint. Instead, your position shouldbe that you don't want them living there because they are UNAUTHORIZED occupants.

 

[Just Blue]

don't they care about adults getting lead poisoning in Massachusetts?

No****************************..

 

[Searchertwin]

What is the name of your state (only U.S. law)? Massachusetts

I have a first floor tenant in a 3 family who i've been getting complaints about. They are a young couple with great references. They came in and painted the whole place. The people upstairs had been complaining about children running around and making lots of noise. The tenant said that her friend and kids moved in because she lost her apartment. I told her that you can not move people in that are not on the lease and that the apartment is not deleaded so children should not be living there. (the city offers grants for deleading so I would have had it deleaded had I known and it would cost me no money).

My good tenants upstairs who have never complained in two years are still complaining. The first floor tenant says her friend moved out but still comes to visit a lot. However, the other tenants say that the woman with the children is still there and that her car is parked out front all the time. Each time I drive by-- 3 or 4 times in middle of the day, 1AM, etc-- I see the car.

The first floor pays on time and seems good otherwise. I'm not sure if her boyfriend moved out and she needed another person to help pay or what. The noise is not my biggest concern but children living there while not deleaded is an issue.

I have taked to the first floor a couple times about the noise and she said she didn't think the noise was excessive and that her friend is not living there. I have not approached her since realizing the friends car is there all the time. She could just say the car broke down and she left it there.

What should I do?

You know they are living there. You seen car at various times and renters are stating that they are.

Send them a crr letter stating that you are giving them a "Notice to Quit" and the cause would be unauthorized occupants. Leave out the issue of lead paint, you know you can get that done when they are gone. Indicate if the car is abandon, to have it moved. Cover all basis in the letter. Check state law on the process of notices.

If not, they can say you knew about them living there and accepted them and if by chance, someone gets sick from lead paint, guess who will be going to court?

Keep simple and to the point. Wait for a response.

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