3 steps to resolve a noise complaint

By Robert Griswold, Thursday, December 29, 2011.

Inman News®

Image via Sebastian Kaulitzki /Shutterstock

Q: I live in an apartment community that is very large. Recently there has been a rather heated discussion between tenants and management over noise complaints. The heart of the issue is determining who is responsible for notifying the tenant causing the noise problem or disturbance, and I wanted your opinion.

Here is one recent experience that I had with the tenants that live downstairs from me. The tenant had friends over and the noise level was loud and lasted until 3 a.m. I work full time while these people are on government assistance and have all day to sleep in. I’ve tried calling the apartment community security or courtesy patrol, but they either don’t respond or come two hours later when it’s over.

If the tenant below me has been drinking or doing other things, I really don’t know what to expect if I do go down and knock on their door to tell them to tone it down. If I complain to the landlord, then she calls them or places a notice on their door. Then they cry foul that their civil rights have been violated and that they are reasonable people and should be treated with respect. However, I find that they actually retaliate by either making more noise or by making verbal threats.

The landlord insists that it’s proper that “you should knock on the person’s door to let them know they’re being too loud.” The landlord believes that this is the best way to do things, at least in the beginning. Then, if that doesn’t work, call the community courtesy patrol so they have a record of the incident; if that fails, call the sheriff.

To me it’s shrugging the duties onto another party and not taking responsibility for the people they move in, giving into their ways, regardless of how long other tenants have been living here. They use legalities to get themselves out of the situation.

I’m a senior and I work hard, rent is very high, and it’s difficult to just jump around and find a new place. So it’s just shut up and tolerate it rather than make waves, and to me that’s no way to live. What do you think?

A: I think that both you and your landlord make valid points. But let me get more specific about what I would advise in this situation.

Certainly it would seem reasonable that the first time there is an issue with your neighbor about noise that you could make contact with them either at the time or talk to them the next day. I think an in-person contact is more appropriate, but you could also leave them a short, polite note indicating that you would appreciate it if they could refrain from loud noise after some reasonable hour.

The definition of “reasonable hour” is certainly debatable, but it may depend on the day of the week with evenings before weekend days being a little later than nights preceding work days. It could also be impacted by your work hours, although if you work unconventional hours then you have to expect that during the day and early evening hours that many people will be having friends over or just making noise in their day-to-day living.

Now that would also assume that you are not in fear for your safety or have any reason to believe that your cordial request of your neighbor to be respectful and keep their noise levels down would result in retaliation or threats. Of course, in such an instance, I think it is appropriate to make contact with the apartment community courtesy patrol, as that is a typical responsibility. If it is particularly severe, then you should always contact local law enforcement. Your landlord and the courtesy patrol are not properly trained and equipped to deal with the potential for a violent response. Let local law enforcement know if there are direct threats or if there seems to be damage to your possessions.

There is never an easy answer to these situations, as there are so many variables. If you have a need to verbally contact your neighbor and it seems to be effective, then you will want to do that if the noise level is inappropriate several weeks or months later. But if your neighbor seems to have cooperated just that one time and almost immediately seems to have a memory loss about the need to be respectful, then I do think you need to go to “Step 2,” which would be a complaint to the courtesy patrol. I agree with you that this is good because there is now a written record of the complaint.

Again, hopefully, that addresses the issue. If it doesn’t, then you need to evaluate the length of time between the disturbances and decide whether to go back to the direct request or make another call to the courtesy patrol.

The other option is what I would call “Step 3.” That would be to contact your landlord and make a formal written complaint in writing. Your landlord will very likely send at least a written warning note but could go with a formal legal notice.

At this point, the best you can hope for is that your neighbor gets the message and realizes that continued noise complaints will potentially result in the nonrenewal of their lease or the termination of their tenancy. Of course, it wouldn’t be unusual for the neighbor to want to vent their frustration your way — and you need to be prepared.

If you are getting to this level, then I would suggest you see whether you can get support from some of your neighbors, as this noisy neighbor partying until 3 a.m. is very likely disturbing many people in the apartment community. You can be assured that your noisy neighbor is claiming that you are the one that is unreasonable and have some inappropriate reason to make false claims against them. They may even get their friends in the community to take their side. That is why the courtesy patrol or statements from other tenants (even if they are anonymous but credible) is so important.

Finally, other than the situation I described above where you fear for your safety, I would suggest in a nonthreatening environment that you contact law enforcement only if you are not getting any results from your efforts in the three steps I describe above. I believe that the courtesy patrol should be able to sufficiently document legitimate noise complaints if the landlord needs to terminate a tenancy.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of “Property Management for Dummies” and “Property Management Kit for Dummies” and co-author of “Real Estate Investing for Dummies.”

January 6, 2012

If you encounter any issues that need to be handled, please call our office at 630-613-9390 or email workorders@fieldstreetproperties.com. Thank you.

7 ways to rent with crummy credit

Fallen on tough times? These tips can help you put a roof over your head again.

Watch where you park or you could get ticketed and towed. 

Last night at 3:00 AM (December 1^st) officially started the City of Chicago’s Winter Parking Ban.  Between 3 am and 7 am until April 1st, 2012, regardless of snow, your car will be ticketed and towed if you are parked on one of the 107 miles of “critical arterial streets“.  Parking tickets are $50 and towing charges are at least $150.  So before you go to sleep tonight make sure your car is not parked on one of the streets with the parking ban.

The City of Chicago also has 500 miles of Snow Route streets where vehicles are not allowed to park after 2 or more inches of snow has fallen.

For more detailed information, visit the City of Chicago’s website. 

Please beware of these streets and be careful were you park! Field Street Properties and the property owners are NOT responsible for any violations you receive or your vehicle being towed because you violated Chicago’s snow parking rules.

Readers share tales of landlords who care, and we dispense some advice on how to find one of the good ones.

The hallmarks of great customer service are the same wherever you go: quick response time, easy payment plans, even the occasional gift just to say, “Thank you for spending your money here.”

So why wouldn’t landlords treat their tenants, those folks who pay them many thousands of dollars a year, to the same schmoozefest? Turns out, plenty of landlords do. And they say it pays off.

In last month’s rental-advice column, we offered renters tips on how to screen their prospective landlords, a step that’s arguably far more important than checking for bathroom leaks and parking spots.

We follow that up this month by showing how such diligence can pay off, with readers’ stories about great landlords. Consider it inspiration for anyone who’s dreading the next apartment search. We also asked landlords for their input: What is a tenant’s best move in landing some great management?

Kindness through bad times
A few years into her tenancy at a Los Angeles fourplex, Carlita Ellis lost her job. Relying on unemployment insurance and temporary work, she scraped by. At least she didn’t have the added stress of late fees or eviction fears.

Her landlord, Eddie Hernandez, worked with her on a biweekly payment plan, and he never considered charging her fees. It may seem like a small thing, but Hernandez’s tenant has never forgotten his compassion during those tough times.

“He gives people second chances,” Ellis says. “He understands the economy, and how everyone’s trying to make it. I know he’s helped some of the other tenants.”

A man who wrapped ropes around the railing of his apartment to keep his small child from falling through is battling with the complex over keeping them in place. KMBC 9′s Maria Antonia reports.
More Videos

To be clear, the great landlords we spoke with aren’t cash-rich, and they certainly aren’t giving away rent, although Hernandez says he has provided financial assistance at times and feels fortunate that he’s able to do so.

But what Hernandez and others do share is a desire to work with — not against — their tenants, even though they’ve had their share of irresponsible renters. They tell tenants to call the moment there’s a problem, whether it’s in the unit, on the grounds, with a neighbor or with the rent.

Recently, one of Hernandez’s tenants called him to say she had seen a neighbor put food out, apparently for wild animals. “I was able to jump right on that before it became a bigger problem,” he says.

Another tenant alerted him that the timing on Hernandez’s sprinkler system might be wasting water.

“If I was a jerk of a landlord, they wouldn’t care less. They’d say, ‘It’s not my property, I don’t care,’” Hernandez says. “But if you treat them well, they’re going to be looking out for your property. And it’s going to benefit them, as well.”

Hernandez, who also has a full-time job, rarely has a unit come open. His tenants stay for years. When one does have to move, the apartment is filled within days. He charges high market rent, but puts money into exceptional building upkeep. One tenant addresses her emails “to the best landlord ever.”

“If you’re going to go to a store and you like the customer service, you’re going to continue to be loyal to the company,” he says. “I kind of use the same philosophy with my tenants. I want them to feel like they’re getting great customer service from me.”

Good landlords offer great service and respect, no matter what
Tom Steeves, a landlord with 80 units in the Boston area who has been in the business for 33 years, says he loses $30,000 to $40,000 a year due to unpaid rent and frivolous lawsuits — the equivalent of half a month’s rent on all his properties.

By the 15th of each month, half of his tenants have still not paid the rent. He says he makes only a paper-thin profit at year’s end, although he reinvests in properties and is building substantial equity, and he works a separate, full-time job.

“It’s very hard to be a good landlord. It’s a very tough business,” Steeves says.

Nonetheless, he says he’d be making less profit if he didn’t tend to the property, answer his phone and respond quickly and respectfully to all reported problems.

“I never accuse the tenant of anything,” he says. “Someone calls with a leak, I immediately call the (assistant), she sends a plumber out.”

He charges below-market rent for some of his longtime, elderly renters, and he says he will always work out a payment plan with those who are struggling.

“The more you give, the more you get back,” he says. “If you try to be fair to people, even when they’re unfair to you, you’ll get back. I say, ‘Just call me. I’ll work it out with you if you call me.’”

A helping hand
Jonette Ulmer, a single mother in California, worked out a payment plan with her former landlord but still often came up a little short. Because the landlord was so kind to her, she moved out on her own, “because you can’t keep taking advantage of someone’s good nature.”

Although the former landlord has never asked her for the amount owed, she is working to pay it all back. “I can’t even stress enough how thankful I am that he was so generous with me,” she says.

The landlord not only kept up the property, he kept out any disruptive tenants and was always quick to respond to complaints. The remaining tenants kept meticulous care of the units, Ulmer says.

Reward for good tenants: Cheaper rent
In Oakland, Calif., Michael Kaiser-Nyman had a landlord who lost six weeks of rental income as he waited to get excellent tenants. When those tenants were still great tenants after one year, he would lower the rent. That’s right, lower the rent.

The landlord lived nearby, cared for the common areas himself and fixed any problems immediately. He brought his tenants food from his garden, and gave Kaiser-Nyman and his roommates a ham at Christmas. He would occasionally drop off a note, saying they were great tenants. Needless to say, the good service was returned with meticulous care of his unit, Kaiser-Nyman says.

“I think he’s able to get good tenants because he treats them so well,” he says.

So, great landlords, what would you tell tenants about ensuring that their next landlord is one of the good ones?

* Check the landlord’s financials. “That’ll tell you right off the bat if it’s a good landlord,” Steeves says. “That’ll tell you whether they step up to the plate and have good character.”

You won’t have the landlord’s Social Security number for a quick credit check, but you will have a name, an address and public property and court records. Visit those government offices. Clerks can help you find public information on lawsuits related to payment problems. CheckYourLandlord.com, a private company, can check records for a fee.

* Snoop around. Look for signs that property is well-maintained. Then, “talk to the people who live there,” Hernandez says. “That’s probably one of the best ways to get the landlord’s status.”

Can an owner be anonymous?
Last month, an MSN Real Estate reader asked what a tenant should do if a property-management firm won’t disclose the owner’s name.

We thought this an interesting, if not odd, situation, so we called the National Association of Residential Property Managers. T.J. Guyer, vice president for the Northwest region, said it’s common for professional property-management firms to withhold both owners’ and tenants’ names, for privacy and security reasons. For all intents and purposes, he says, “we are the landlord.”

That said, his own company might not even know if a landlord was facing foreclosure.

A prospective tenant, will, however, have the property address. Who owns that property is a matter of public record, obtainable either online or in person at the county courthouse. Do the legwork there.

2. Review the lease.
Carefully review all of the conditions of the tenancy before you sign on the dotted line. Your lease or rental agreement may contain a provision that you find unacceptable — for example, restrictions on guests, pets, design alterations, or running a home business. If you sign the lease, you are bound by its conditions.  Any violation of the lease can result in you being evicted.

3. Get everything in writing.
To avoid disputes or misunderstandings with your landlord, get everything in writing. Keep copies of any correspondence and follow up an oral agreement with a letter, setting out your understandings. For example, if you ask your landlord to make repairs, put your request in writing and keep a copy for yourself. If the landlord agrees orally, send a letter confirming this.

4. Protect your privacy rights.
Next to disputes over rent or security deposits, one of the most common and emotion-filled misunderstandings arises over the tension between a landlord’s right to enter a rental unit and a tenant’s right to be left alone. If you understand your privacy rights (for example, the amount of notice your landlord must provide before entering), it will be easier to protect them. For example, our leases allows a landlord or representative of the property management company can enter any property with 24 hours.  Emergencies don’t require 24 hours notice.  When you sign the lease, you agree to these conditions.

5. Requesting repairs.
Know the proper procedures with your landlord/property manager for requesting maintenance requests. At Field Street Properties, we have a couple of options for requesting repairs.  You can call the office directly during normal business hours, or you can complete the online request via our website. We have 24 – 48 hours to respond back to any request.  For each request that is under our jurisdiction, a work order is completed.  Depending on the cost of the repair, we may be able to fix the issue quickly, or we may have to obtain a quote and send it to the property owner for approval.

6. Talk to your landlord.
Keep communication open with your landlord. If there’s a problem.  We are not mind readers.  If you have an issue or concern, you need to let us know.  You also need to understand that some issues may require longer times to correct.  We manage multiple properties, so we have to assign our maintenance resources according to the priority of the issue.

7. Purchase renters’ insurance.
Your landlord’s insurance policy will not cover your losses due to theft or damage. Renters’ insurance also covers you if you’re sued by someone who claims to have been injured in your rental due to your carelessness. Renters’ insurance typically covers loss due to theft or damage caused by other people or natural disasters.

8. Protect your security deposit.
To protect yourself and avoid any misunderstandings, make sure your lease or rental agreement is clear on the use and refund of security deposits, including allowable deductions. When you move in, do a walk-through with the landlord to record existing damage to the premises on a move-in statement or checklist. Take care of the property as if was your own home.  The less damage you cause, the more of your security deposit you be have returned upon move-out.

9. Protect your safety.
Your safety is ultimately your responsibility.  Learn the escape routes for your building in case of a fire. Know the best location to go during a tornado or heavy storm. You want to stay in the most interior room without windows.  If you’re in a 2nd floor unit, considering buying an escape ladder.  These can be purchased at home improvement stores for a low price. If there is an emergency like a fire, please do not call Field Street Properties first.  You need to call 911.  When you are safe and away from the emergency, then you may notify us.

10. Deal with an eviction properly.

Know when to fight an eviction notice — and when to move. If you feel the landlord is clearly is the wrong (for example, you haven’t received proper notice, the premises are uninhabitable), you may want to fight the eviction. But unless you have the law and provable facts on your side, fighting an eviction notice can be short-sighted. If you lose an eviction lawsuit, you may end up hundreds (even thousands) of dollars in debt, which will damage your credit rating and your ability to easily rent from future landlords.  An eviction will go on your record and show up when a future landlord runs an eviction check on you.

Source: some material was obtained from NOLO Law for All.

But when it’s approaching the time to buy, refi or even rent a home, relatively small credit score differences can stop you from getting your dream home, and can cost (or save) you thousands of dollars in interest over the life of your loan.

If you’re at a time in your life where it makes sense to invest some time and effort into optimizing your credit score, here are five common credit myths we’d like to help you bust without further ado:

Myth #1: Having lots of cash, a great income, or tons of equity, makes your FICO score less relevant.

Fact: No matter how much cash you have, if you want a mortgage, you must meet the lender’s FICO score guidelines. Of course, if you’re flush with cash, it should be relatively easy to make your monthly payments on time. But if you have come into cash relatively recently or you’re coming off a rough financial patch, lenders don’t not look at your credit score on the theory that your other assets diminish your credit riskiness. Most lenders want nothing more than to avoid having to foreclose on a home, even if the homeowner has other assets.

And the best predictor of whether you’ll default on a loan in the future is how you’ve handled your credit in the past, so your credit score will drive whether you qualify for a home loan and what interest rate you’re charged, no matter how much you make.

Two exceptions: if you buy a home with all cash, or take a hard money loan, which usually requires a much larger-than-average down payment and interest rate, you might be able to bypass credit score scrutiny, but you’ll pay for it.

Myth #2: Having no debt or no late payments means you have great credit.

Fact: Financial responsibility and good credit are two different things. Your FICO score is meant to be a measure of your responsibility when it comes to managing debt, as proven by the fact that you have credit accounts, use them regularly and don’t abuse them.

Having no credit accounts or debts doesn’t give you good credit – it gives you no credit. And on the other end of the credit usage spectrum, being maxed out on various credit accounts all the time, submitting lots of credit applications and other credit moves that indicate you may abuse your credit can actually depress your score. Best practice is to have several credit accounts (student and car loans count!) that you actively and responsibly use on a monthly basis.

Tip: FICO gives a top score to accounts with balances that are 30 percent of the credit limit, so if you can keep your credit card or loan account balances at or around that mark, even better.

Myth #3: Checking your own credit score in advance prevents surprises when you apply for a mortgage.

Fact: Your mortgage originator (broker or banker) must pull their own version of your report from their own provider, and it might have a very different score, rating scale or even different line items than the free or paid report you pulled online. This is why it’s imperative to start working with a mortgage professional as early as possible – a year in advance is not overkill – so you can detect any errors or issues and get their recommended fix in the works with plenty of lead time.

Myth #4: If you’ve had a foreclosure or short sale, your credit report will be damaged for 7 years.

Fact: Derogatory credit items, like late mortgage payments, foreclosures and short sales, appear on your credit report for 7 years, but your credit score can be rehabilitated enough to buy a home or obtain other credit in less time, depending on your circumstances. Your post-short sale or foreclosure waiting period depends on a number of things, including what type of loan you’ll be seeking to buy your next home with, how much cash you’ll have to put down and whether there were any extenuating circumstances involved in losing your home in the first place; some loans allow for an immediate purchase, others require a waiting period of 2, 4 5 or even 7 years after the loss of a home.

Of course, your FICO score is also a key criteria in a post-home loss “buy,” but interestingly enough, the length of time it takes to get your FICO score back up depends on how high it was beforehand. Earlier this year, the New York Times reported that it would take a consumer with a 680 FICO score three years after a foreclosure to bring their score back to that level, while it might take someone with a 780 FICO score (near-perfect) seven years for full score recovery.

And keep in mind that as your foreclosure or short sale ages, its impact on your score will decrease, too.

Myth #5: Short sales have much less impact on your credit score than foreclosures.

Fact: Hear ye, hear ye – short sales and foreclosures have the same impact on your credit score, according to the FICO folks themselves. (The only exceptions are for short sales or deeds-in-lieu of foreclosure where the property was not upside down, which are few and far between, if they’re not just a real estate urban legend!)

However, the number of missed payments you had before your home was lost to foreclosure or short sale might weigh on how gravely injured your FICO score is in the process. At the going rate at which banks are foreclosing on homes – clocking roughly 2 years of missed payments before a home is repossessed – your FICO score could take an even greater hit than if you were able to divest of it via a short sale in 1 year’s time.

In this month’s rental column, we’ll tackle this toughie and try to help a reader with an interesting question about lease renewals.

Information advantage: Landlords
First, the great information imbalance. Landlords have it easy. They’re regularly reminded to screen prospective tenants and are given the tools to do so. Just request a Social Security number, along with some private banking data and employment information, and fire it all off to a screening firm. Within hours, the vitals appear: credit ratings, bankruptcies, foreclosures, criminal records, civil suits. They even get renters to pay for it.

And what do tenants do? Well, practically the total opposite: Many hesitate to even ask landlords any questions.

“The landlord is in the power position,” says Michael Schaffer, general manager of CheckYourLandlord.com, a new service that checks property records for prospective tenants.

“A property owner is never required to give out any information at all,” Schaffer says. “There are very few jurisdictions where a property owner is even required to tell you, ‘You know, my property is in foreclosure. You might get kicked out in a few months.’”

Why screen? To help you avoid scams and deadbeats
Schaffer launched CheckYourLandlord.com in part to help protect renters against scam artists, who have proliferated since the housing bust. For $20 and an address, the company will verify the legal owner of the property. It will also use public records to check whether the owner has been sued by previous tenants, filed for bankruptcy or been convicted of a crime.

“We get as close to getting a financial picture as we can without running a credit report,” Schaffer says.

On the bright side, there are many excellent landlords, too. (Next month, we’ll spotlight good landlords. Are you a tenant with a great landlord story to share? Email it to refdback@microsoft.com.)

5 things you can do
So how can you tell if a landlord is good or bad? The question is particularly pressing now, given the double whammy of a tight rental market (units go fast) and the increase in inexperienced landlords — investors and owners reluctantly hurled into renting a property after being unable to sell it. (Read: Housing bust forces some to become reluctant landlords.)

1. Don’t be afraid to ask questions
   A friendly conversation can yield a lot of information, including a sense of whether the person you’re considering for this pricey business relationship seems trustworthy and respectful. After talking, you should know why he’s renting the property, how long he’s been a landlord and who is responsible for making repairs.

   Being thorough needn’t be confrontational. In the end, good questions garner respect.

   “A good landlord wants to rent to a responsible person,” Schaffer says. “It shows that you are going to protect yourself, and that in turn you are likely going to protect their property.”

2. Check property records
   It’s always a good idea to make sure that the person you’re paying actually owns the property, and that the property is not at risk of foreclosure. It’s a particularly good idea these days.

   “It used to be assumed that the landlord and the property was stable and that the tenant was in question, and now you might have a stable tenant and the landlord is in question,” says Steven R. Kellman, founder of the Tenants Legal Center in San Diego.

   Check the ownership and the financial status of the property at the county courthouse. Often, this can be done online.

   If there’s a time pressure, tell the landlord that you’d like a few hours to double-check property records, and that this is a routine safeguard you undertake before making out a check.

   “If somebody is a reputable landlord, they’ll actually appreciate the fact that you’re being diligent,” Schaffer says. “It shows that you’re smart and savvy.”

3. Ask how long the previous tenants were there
   Then ask how long the last tenants lived there. Where did those tenants go?

   If this otherwise pleasant landlord tells you that the previous tenants left after one year, and so did the ones before that, it might be a good idea to ask why.

4. Talk to the neighbors
   Ah, the neighbors. Landlords may have access to tenants’ Social Security numbers and massive data banks, but tenants can tap into something far more powerful: gossip.

   People love to talk and, when they don’t know you, they’re often forthright and honest. Ask what they think of the landlord or if they know whether the landlord does right by his tenants.

   If the landlord is well-liked, you can bet your first month’s rent you’ll hear about it. If he’s one of the bad ones, you’re sure to notice a bit of hedging at the least.

   If it’s a large complex, check online reviews at such sites as Apartment Ratings.

5. Drive by the landlord’s other properties
   Ask the landlord if he owns other rental properties, or check property records yourself. Are the properties in good financial standing? Do they show signs of disrepair that indicate the landlord may be having financial problems?

   Remember, if you’re on the verge of signing over $3,000 and a year of your life, ask yourself, “What’s the harm in driving to the property and knocking on this person’s door?”

Can I be evicted without cause?
This summer, one MSN Real Estate reader asked if the high-rise building where he rented could evict him for complaining about mistakes made by the property’s management. Staff members lost packages, made errors on lease renewals and even auto-deducted twice for a single month’s rent. Meanwhile, he has paid on time and given no cause for complaint.

“But the management is ugly to me, even though they know the fault is theirs. Should I worry that when my lease is up for renewal they’ll just say, ‘Get lost’?” the reader asks.

We put the question to Kellman, a tenants lawyer. “Generally there is no duty to renew a lease,” he said.

Leases may contain clauses that call for an automatic renewal or an optional renewal. With an automatic renewal, the landlord can decide not to renew the lease without providing a reason.

Leases that give the tenant the option to renew can offer more protections, since the landlord has to cite a reason not to allow the renewal. However, Kellman warns, leases can contain so many loopholes that it’s easy for the landlord to find a reason not to extend the lease.

The upshot: A landlord has great leeway in deciding whether to renew a lease, even if he plans to continue to rent the apartment.

Keep in mind that the rules may vary for renewals in federally subsidized housing and mobile-home parks.

Source: Karen Aho of MSN Real Estate