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fritz8733

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Posts: 1
Reply with quote  #1 

I have a tenant that has 4 children. When they first moved in they had one child. That was in the year 2000. They've had 3 more since then. I took over

this building last year. Since then I've been getting complaints about the kids

screaming,crying,running around,& throwing trash on the ground. The oldest one is 13. her brother's ages are 5,4,2. I've brought the complaints to their parents attention + showed them the rules & regulation in regards to the

disturbance of their neighbors peace and quiet policies. So they stopped the noise for about 2 weeks than came the noise again. Please help me. What can I do legally ?

OHlandlord

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Posts: 3,720
Reply with quote  #2 

Have the neighbors start calling the law for the noise.  A few police complaints or citations can help get them out.  Give them a lease violation notice each time they throw trash in a common area or violate any other rule.  (even if you have to do it daily)  Document everything (take a digital camera & take photos - trash on porch, kids fighting outside, etc.)  Digitals date the pics automatically.  Keep a running list of the violations.  Keep telling them that they can be evicted for repeated violations of the rules.  If the health dept. cites them for trash, even better.  Do you have a nuisance officer for your area?  If cited a couple times by him - that usually works in court to show they are violating the quiet enjoyment covenant.  When you feel you have enough- file for eviction, giving them the proper notice of course.  Be prepared for court.  Have the list of violations backed up by pictures & copies of reports from police, nuisance officers, etc.  It takes a little time & effort, but it works.  Either they will straighten up & make the kids behave, or you will be rid of them.

Landgirl

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Posts: 25
Reply with quote  #3 

Send your rules an ergs notices and subsequent fines certified, so they can't say they didn't receive any notices.
Also, start raising their rent once their term is up.
Shana

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Posts: 10
Reply with quote  #4 

I can only add regulate who moves into your property. Renting to that many in the first place was your mistake, all you can do is don't make that one again. 
OHlandlord

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Posts: 3,720
Reply with quote  #5 

Re-read the post.  It was a family of 3 when they rented the place in 2000.  The couple has continued to have children and it is now a family of 6.  But the poster rented to a family of 3.  You can't regulate how many kids a couple has.  But you can uphold housing code and occupancy limits.

Shana

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Posts: 10
Reply with quote  #6 
Did read it, that didn't happen over night, and doesn't the landlord have the option to not renew the lease.  
 
OHlandlord

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Posts: 3,720
Reply with quote  #7 
If you choose to not renew based on the presence of extra children, you can easily be accused of discrimination.  Remember, you cannot discriminate in housing decisions based on familial status.  Children would easily fall into this category.  Unless the family composition now exceeds the legal occupancy or HUD guidelines, or unless you can demonstrate to a court why you can't have that many people living in the unit (say the facilities or equipment can only support x people), you could be opening yourself to a huge lawsuit.  Attorneys or legal aide would love to take you to court for that.

The best way to do this is to document the problems.  Not simple children's noises, as having children present one should expect normal children playing and having fun.  But actual disturbances (like fights), noise after hours, and lease violations (like trash problems).  Document these to back up any eviction or non-renewal so discrimination charges can't be leveled.  Police reports and nuisance reports would be excellent documentation from disinterested 3rd parties, as would repeated violation notices.
nixter94087

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Posts: 4
Reply with quote  #8 
They are breaking the "quiet enjoyment" part of the lease. Document it ALL. Then give them a 30/60 day at least you have documentation.
shaneward

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Posts: 2
Reply with quote  #9 
I think your only option is to wait till the end of the lease and refuse to renew it. What ever the legal document says no lawyer or police office will do much against screaming kids. They will just brush off saying the kids are being kids.
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IsaacAnge

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Posts: 13
Reply with quote  #10 
I think you should go back again in your tenant and talk to them and give them some a little bit of condition cause they are not strictly following the rules and as a land lord too and real estate agent at http://www.uudiskohde.fi/ i always do it when i have problem with my tenant.
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