Landlord rights

babydeegDecember 1, 2008

Hi there, I don't live in an apartment but my husband and I just bought a house with a 2 bedroom suite downstairs. We are currently renting that out to a wife and husband who have a 2 year old boy. we are not living upstairs yet as we are in a rental lease until March so we rented the upstairs portion until then. My question is, what do you do if the child is unruly and the parents would do anything about it? The people upstairs have complained many times that the child is constantly screaming all day. He doesn't go to bed until 11pm and wakes at 3 am every night and screams for 1 hour or more and the parents do nothin. I have a 3 year old so I know how hard it can be to contain a toddler but we do try to take control of the situation especially if we know that it is bothering others. So if these people don't get the child under control do we as landlords have the right to give a warning and possibly evict?

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lucy

Of course you have a right, and if you don't exercise it, you're likely to lose the other tenants.

    Bookmark   December 1, 2008 at 6:05AM
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sjarz

Give the parents a warning letter and keep a copy for yourself. State the problem clearly and that if they do not rectify the situation they could face eviction. Give it till the end of the month, see if the upstairs people have more complaints.
You should keep a written record of all the complaints, too. It's just easier if you have to go back and remember what was said.
If the parents don't take control of their child then give them a one month eviction notice.
Always tough when you have young kids in apartment buildings.
Suzan J

    Bookmark   December 1, 2008 at 11:57AM
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dilly_dally

Posted by lucy: Of course you have a right, and if you don't exercise it, you're likely to lose the other tenants.

They are going to lose them in March anyway. If they move out sooner they would be breaking the lease.

Babyd, my question is what are you going to do about the basement couple when YOU move in? Is the noise going to bother you? Would it be better to have a couple with a child living beneath you who understands YOUR toddler making noise? If you rent to a childless couple they may complain about the noise above them and move out.

    Bookmark   December 1, 2008 at 1:22PM
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