The other resident right

[NChengT]

The Other Resident Right

State: Verginia
Home: Three Level Townhome in Resident Area, Complete Owned
Event: Our neighbor rent her house to her tenants. This is the third one and gave a lot of troubles to us.

After I read some information in this Web site, I have some questions want to ask.

* About The rental agreement should include

1. about whether the tenant may operate a business out of the rental property
Question: I believe that my neighbor's rental agreement will not allow him to do so. If the tenant let someone to come to the rented house to do some work. How do we know that they are operate a business. We only saw the visitor came and one stay over night about half of the time since the tenant moved in. We think that he is either working here or maybe is living here. As just a neighbor, what we can do?

2.whether the tenant will disturb other tenants' "right of quiet enjoyment"
Question: What would be If the neighbor's tenant disturbs other resident "right of quite enjoyment" that is what we are bothering now? We are not tenant.

* About a landlord terminate a tenant's right to use and possess the rental property

1.Persons might live there has no named on the lease or rental agreement
Question: How does our neighbor landlord know? What can a neighbor do if we found out this possibility? We saw a person stay over almost everyday about two weeks after two weeks that the tenant moved in. The tenant had a lot of visitors came around 9:00 p.m. to 12:30 a.m. and stay late or overnight. Sometimes they generated a lot of noise, stayed overnight and did not go home. He has a Arcade Video Game. Those strangers and late visiting activities raise our concerns but seems that we can not do anything about it?

2.Material disturbances of other tenants (such as extreme noise disturbances)
Question: The neighbor's tenant generated a lot of noise. We call the police once. Now we have another tape that records one of his noise. We saw a big black box in his backyard and we thought that is the Arcade Viedo Game. It would generate terrible noise in the townhome neighbor. Waht we can do?


[Edited by NChengT on 02-13-2001 at 06:34 PM]

 

[LL]

Your posting is very difficult to understand.

In addition, you do not specify what state this is in, and at the end of your posting, you refer to a townhouse, but you do not state if this is a wholly-owned townhouse, or a condominium or other shared-interest development.

If it is a shared-interest development, then all residents are probably responsible to a set of rules authorized by the governing documents of the subdivision. These rules and the laws under which they operate differ among different developments, and different states. Often, the Homeowners Association can punish homeowner members who violate, or whose tenants violate the rules.

These rules and their authorization are developed in order to help the subdivision to create a more harmonious environment where everyone can get along. Sometimes they help, and sometimes they do not. You as neighbor are not only the victim, but also must participate in getting along with your neighbors and allowing them to live comfortably.

See:
https://forum.freeadvice.com/showthread.php?threadid=39720
about handling noise problems.

See
https://forum.freeadvice.com/showthread.php?threadid=40582
about handling condominium problems.

You should be aware that "quiet enjoyment of the property" does not really have do do with noise.

[Edited by LL on 02-13-2001 at 03:49 PM]

 

[LL]

Thank you for editing your posting to give more information.

You say that this is a townhouse which is completely owned.
Does that mean that you are not part of a common-interest development, and that you are not a member of a homeowners asociation together with the neighbor?

The townhouse belongs to the neighbor? or to you?

Please answer by posting a reply to this thread, rather than by editing your original posting.


[Edited by LL on 02-14-2001 at 03:54 PM]

 

[lildevil719]

I have no idea what to do about most of your problems, most of them did nopt make sense to me...however, with the noise issue, you do have some recourse. Check your local laws and find out what the curfew is. There is a curfew(this is everywhere in the country, the times just differ) stating that people must be quiet after a certain time...Where I live, it's 7 pm to 7 am. Find out what the curfew is for your area, and if they get really loud after the curfew, call the police. If you expect the woman who owns this townhouse to do anything about these tenants, you have to have documentation of the problems. You can tape them all you want, but there's no way to prove that you actually taped the noise at the time you said you did...just a thought

 

[NChengT]

Reply to LL

Hi! Thanks! LL and the other people provided me your good opinion by spending your time.

We have the Townhouse with garage in a community. There is a home associate. We are in the townhosue community. My neighbor next door rented her townhouse and this is the third tenant. My neighbor and I have two different lot. There is a wall between this two houses with an enhanced insulation wall. But, this insulation could not stop the music base part. I had recorded the noise on the tape. The tenant said that he has no base but only a TV. But, the noise was so loud that the wall was shaking. I was waken up on the third floor. He usually play the music from 9:00 p.m. to 11:00 p.m. and He played the music to 2:00 a.m if he had several friends stayed overnight (there is one seems staying over everynight). Maybe the tenant has moved the location, but, I could still hear the base and still pretty bothering. Sometimes, the music was very loud, sometimes was lower. Maybe he was plying the can and mouse game. The ground floor is my study room and I am having some R&D work and need a quite place to work in the night. I just wonder why he could not turn down the music. He enjoyed the music but it could be a pain for us. We only could hear the base part.

 

[LL]

It is extremely difficult to follow your language. You should go to study English and pass the TOEFL.

You have not given any direct answer to the question of whether or not you are members of a homeowners association together with your neightbor. I assume that the answer is yes.

When you bought your townhouse, you must have been informed that there is a written set of restriction on the deed. In short, you do not completely own the townhouse. Any ownership interest that you have is subject to the deed restriction.

The restrictions may be called Declaration of Restrictions, or Contracts, Covenants and Restrictions, or some other name and it probably includes the setting up of a neighborhood homeowners association which you are required to belong to and so is your neighbor. This document also gives certain powers to the association, and you should have read the restrictions when you first got them. If not, go and read them now. Many people are unhappy after they have bought condominiums or townhouses because they do not like the association having such power over them. They think that these powers interfere with their life, and that they feel that they don't really own the property that they bought, and cannot live in the property as if it were the own home and that is partly true.

The document probably gives the homeowners association the right to make rules over the lives of the members and to enforce these rules. One rule is probably that no member can make noise that disturbs another member. The HOA can enforce thiese rules by various means, including making monetary fines for violations.

You must read the Restrictions document, and then go to the homeowners association to ask for a copy of their by-laws and also their rules and regulations. You can then make a complaint to the homeowners association about the neighbor and try to have it enforced.

This gives you power over the neighbor's life in a way that you would never have if you were entirely the owner of your townhouse, and she was entirely the owner of hers.