Learn how to handle problems, settle disputes, and maintain a harmonious relationship with your renters using practical suggestions and approaches. Continue reading to find out how to address a tenant complaint regarding a company next door.
What you will discover:
Is it necessary for property managers to intervene in problems between tenants and nearby businesses?
What should a renter do if he or she has a disagreement with a nearby business?
What if the situation remains after you have spoken with your neighbor?
Can property owners be held accountable for failing to act?
What can property owners do to limit their liability?
Effective rental property management necessitates the resolution of a wide range of issues. These issues might also come from sources other than the property itself. When a tenant and the business next door disagree, the property manager may be trapped in the midst. Though you have little influence over the two parties, there are several basic actions property managers may take to end the dispute and save expenses. The following are answers to frequently asked questions concerning settling problems between renters and nearby businesses.
Is it necessary for property managers to intervene in problems between tenants and nearby businesses?
Yes, if the issue affects your tenant’s usage of their rental. Minor disputes between renters and nearby companies may quickly evolve into major difficulties that can waste your time and ruin your reputation if left unresolved. If the disruption becomes serious or continuous, property owners may face legal consequences.
Fortunately, your presence as a neutral third party may assist settle many problems between your tenants and nearby companies swiftly and peacefully.
What should a renter do if he or she has a disagreement with a nearby business?
The first stage is to determine the cause and nature of the issue, collecting as much information as possible. Is the issue happening on a daily basis, at a certain time of day, or just occasionally? How does your renter realize that the adjacent company is causing the issue? Has the renter filed a complaint with the company? If this is the case, are the complaints documented? Is it affecting the whole property or just a portion of it? What effect does it have on your tenants’ capacity to utilize and appreciate their property?
Although your renter may be the major source of most of this information, you should consult with additional neighbors to determine the breadth of the issue.
Following that, perform research. Has this renter already complained about similar difficulties to you or another property manager? Have prior renters expressed concerns about the nearby business? Gathering this information may give perspective and leverage needed to settle the conflict.
Once you have all of the information, it is time to contact the adjacent company. You might include this in a formal Complaint to Neighbor. Regardless of how you communicate, you should put out the facts of the situation, viable remedies, and consequences if left untreated. Maintain a firm, direct, professional, and friendly demeanor. Keep a record of all conversations and attempts to address the problem, as well as the answers of the adjacent company.
What if the situation remains after you have spoken with your neighbor?
If the adjacent business fails to act, you and your renter might explore legal action to compel the company to cooperate.
Disturbances produced by noise, smoke, or odor, for example, may reach to the level of a nuisance. When there is an interference with the use of property, it is referred to as a nuisance. Many communities provide non-emergency phone lines, such as 311, that may be used to report such nuisances to the relevant local authorities, who will make an effort to stop it.
If the disruptive customers or workers of the adjoining business are creating the disturbance, they may be charged with disturbing the peace or disorderly conduct. It may be necessary for you or your renter to contact the police.
You or your renter may also sue the adjacent business for physical damage to the property or interference with the tenant’s right to enjoy the property, depending on the intensity and frequency of the disruption. A court may require the nearby business to correct the situation and prevent it from recurring.
Can property owners be held accountable for failing to act?
It all depends. Most landlords have a legal obligation to guarantee that their renters may utilize their property without major disruptions. In most cases, for liability to develop, the difficulties must be continuing and affecting a tenant’s ability to reside there. Furthermore, a landlord may be held accountable if he or she has knowledge of the problem or is aware of a prospective problem but fails to act. When in doubt about their responsibilities or possible responsibility, landlords should consult with an attorney.
You may be deemed in violation of your lease if you fail to act after receiving a complaint from a tenant about an issue with a nearby business that affects their usage of the property. This may allow your renter to withhold rent until the disturbance is rectified, obtain a refund for the duration of the disruption, or, in certain cases, offer grounds to terminate the lease without penalty. If you are worried about a problematic neighbor or a situation that has proven difficult to handle on your own, consult with a lawyer.
What can property owners do to limit their liability?
Taking reasonable measures to remedy the disruption as soon as possible may assist reduce your responsibility as a property owner. Instead of assuming that future problems would go away on their own, be proactive and deal with them. Consider DIY solutions such as installing sound insulation to your apartment or posting no smoking signs in front of it. All conversations and efforts to remedy the matter should be documented and recorded.
