Renting a property is always a challenge, both for tenants and owners. So important is to find a good landlord as with a good rented. It may be that the tenant is loud and conflicting. In this post, we give you the keys to this problem and how to solve it.
Landlords in front of noisy tenants
When renting a property, there may be some unpleasant scenarios for both the owner and the community of neighbours.
In this sense, it can be that the tenant is noisy and conflicting so that he does not respect the basic principles of coexistence to maintain a peaceful and pleasant community for the neighbours.
A community that can demand accounts from the tenant and the landlord if he does not take the pertinent actions to solve the matter. This is, therefore, a bad situation for the owner. But are there solutions? Luckily yes and protected by law. We tell you everything below.
When the tenant is loud and annoys the community
The coexistence can be affected by a tenant who does not respect the dream of the neighbours with music late at night, unnecessary shouting and noise that affect the coexistence and rest of the neighbours.
The community of neighbours can demand accounts from the owner, who has the obligation to mediate to end the situation, otherwise, the justice will also take into account the joint responsibility of the owner and tenant in the neighbourhood problem.
The regulatory framework of the situation
The situation presents three normative dimensions that mark the infractions, guidelines for action, as well as the relevant responsibilities. They are the following:
The rules of the Community of neighbours
The horizontal property law stipulates that the rules of each community of neighbours must be respected by each and every one of the neighbours, whether or not they are owners, therefore, this is extensible to the tenants.
Horizontal Property Law
In article 7.2 of the law, it states that “the owner and the occupant of the flat or premises are not allowed to carry out activities prohibited in the bylaws or in the rest of the property, that are harmful to the property or that contravene the general provisions about annoying, unhealthy, harmful, dangerous or illegal activities ”.
LAU (Urban Leasing Law)
Article 27.2 states that the performance of annoying activities by the tenant is a sufficient reason for the termination of the rental agreement.
What are the consequences for the owner?
With the law in hand, the neighbourhood community can require the landlord to resolve the conflict, otherwise, the landlord could also be sued for the tenant’s annoying activities.
What I can do?
If the neighbourhood community claims that your tenant is noisy, there are a number of steps you can take to solve the problem.
As the Law of Urban Leases dictates, any annoying and harmful activity for the community of neighbours is sufficient reason for the resolution of the contract. However, this resolution must be bilateral, and if the tenant does not agree, only a judge may terminate the contract.
In this sense, you can try to talk with the tenant and make him understand that a cessation of the activity is necessary, or else you will be forced to take legal action.
If after trying to resolve the conflict through the friendly route the tenant continues to cause discomfort to the neighbourhood, it is time to send a burofax through a lawyer and legally based making him understand that his behaviour has legal consequences and that the next step is the demand.
If after sending a burofax the situation remains unresolved, then it will be justice that determines the solution and the responsibilities of the parties.
In this sense, the sending of the burofax protects you to show that you have tried to mediate in the conflict caused by your tenant.
As you will see, the process in case of a noisy or conflicting tenant can be a real headache, so it is important that you previously define in the contract all the clauses relevant to the resolution, one of them being the one reflected in article 27.2 of the LAU “when annoying, unhealthy, harmful, dangerous or illegal activities take place in the home”.
And although the process with justice is slow and as an owner, you are somewhat unprotected, it is true that in the end, the courts will prove you right.