Can Woman Escape Lease Because of Neighbor?

Robert Griswold | Steven R. Kellman | Ted Smith
03-May-1998 Sunday

This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold (host of "Real Estate Today!," 1 p.m. Saturdays, KOGO Radio, AM 600) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: I signed a one-year lease for a rental condo several months ago. From the first day I moved in, the neighbor who rents the unit below me has harassed and threatened me because he says I make too much noise.

I am almost never at home so I don't understand where these alleged noises could be coming from. He has slipped threatening letters under my door and even called security. The owner of my rental unit is aware of the problem and tries to reassure me that she and the managers of the condo project
will get this guy out of here as he obviously cannot live in stacked housing.

I can't take much more and I am scared of this man. Can I break my lease? What will happen to my deposit if I just leave? Please help!

A: Kellman: Even if you have made some noise, the use of threatening letters and harassment is not the proper way to resolve such matters. If this neighbor is as you say, the security people should certainly support you in the situation, as should your landlord.

Your landlord, however, cannot simply evict this neighbor since she does not own that unit. You may complain to your landlord and ask for assistance in taking legal action against the neighbor, who may be violating condo rules or even violating state law. It would risky to simply move out since
you may be liable for breaking the lease without grounds to do so.

Your deposit would be used to cover rent and damages. Further, you may be held to pay for rent until the unit is rented again. (Of course, in a tight rental market such as we have now, this may not be very much.)

There may be grounds, however, to legally break the lease. If your landlord knew of this neighbor but did not tell you or if she does not take action pursuant to the condo rules (making the neighbor pay fines, etc.), you may have the grounds to break the lease.

Smith: As a landlord's attorney, I don't agree with Steve.

You'd better stay put. There is not grounds here to let you walk out on your lease. If you break your lease, the landlord can keep your deposit. What's worse, you can be sued for the balance of the lease term.

It sounds like you're making some noise, too, so a word to the wise: Keep your noise levels down so you can avoid being evicted.

Griswold: As an association manager, it is my experience that you may first want to try approaching the association board directly.

While the security firm reports to the association board and/or the property manager, their staff may not be reporting your neighbor's behavior in their security logs.

By sending a letter or attending the board meeting, you can be assured that the board and property manager will be aware of your concerns.

Who knows, but if there are other complaints about your neighbor, the board may be able to contact the owner of that unit and reach an amicable solution.

The board has much more authority in a situation like this, however, if it is merely two neighbors with a dispute.

Q: I am thinking about moving from my apartment to a house. A friend told me he saw a TV show about a program that enables first-time home buyers to purchase foreclosed homes for a down payment of $500 and a monthly mortgage payment equal to the median price for the area.

Have you heard of this first-time buyers program or the name of the company making this special offer?

A: Griswold: No. However, there are a large number of attractive financing programs to assist first-time home buyers. The number of offerings and the specific terms and conditions fluctuate weekly so be sure to thoroughly check out all of the details.

I always suggest to watch out for any deals that seem too good to be true, as they probably are.

While many are offered directly to consumers by private lenders, the best programs (and the only ones I would recommend) are backed by such institutions as HUD, FHA or the VA. These agencies establish guidelines and will purchase first-time home buyer loans on the secondary market made by lenders if the loans meet their stated underwriting criteria.

The availability to package pools of these loans and sell them to institutional investors is extremely important to the financing markets and you should find many programs that meet the institutional criteria. You should also be aware that the definition can vary. In some instances, it is not what you might think -- someone who has never owned a home. But rather some programs define a "first-time home buyer" as any individual who has not owned a home anytime during the last three years. Now is a great time to buy a home and I encourage you to take advantage of the great financing available for all buyers. Good luck!

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 191, San Diego, CA, 92112. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1998 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com