How to Handle Tenants Who Misuse Amenities
Do property owners and Condominium Owners Associations (COAs) have any claim against tenants who damage or prevent others from enjoying their properties? If yes, what are those rights and remedies, and what steps can you take to protect your interests?
Unfortunately, amenity damage and nuisance are common in most condominium properties. This guide discusses nuisance on condo properties and what you can do in various situations. It also addresses the steps to take when tenants cause amenity damages and your rights to claim legal relief.
Tenants Who Cause a Nuisance
A nuisance is an act, activity, or situation that affects or interferes with a person’s quiet enjoyment and use of land. In other words, a nuisance is an act by one person or a group of people that prevents another person or group from peacefully enjoying their property. There are two types of nuisance — private and public nuisance.
Private nuisance occurs when a person creates or permits an activity or condition that results in unreasonable interference with another person’s use and enjoyment of their property. Public nuisance occurs when a person unreasonably interferes with the common right of the general public. Examples of acts that could constitute a nuisance in condos include excessive noise and offensive smells.
Nuisance is regulated by legislation and case law. The rental or lease agreement or condo bylaws may also provide rules on unreasonable disturbance. These laws allow people to seek legal remedies, such as injunctions and damages.
An injunction is a court order that requires the tenant to do or cease doing the act that constitutes a nuisance. So, for example, where the tenant burns material that generates smoke such that it affects other tenants and property owners, the affected persons may take legal action to compel the tenant to stop. The order could be temporary or permanent, depending on the facts of the case. In other instances, the court may order the tenant to reverse something that happened because of their behavior or activities.
Damages are monetary compensation that the courts award to a party. There are different types of damages, including general, nominal, and punitive damages. General damages flow naturally from the defendant’s wrongdoing and are usually intended to put the plaintiff back into the position they would have been but for the defendant’s legal wrong. Examples include monetary compensation for pain and suffering and expenses. Nominal damages are small amounts awarded to demonstrate that a legal wrong has been done. Punitive damages punish the defendant for their wrongful act.
As earlier indicated, condo bylaws typically provide information on nuisances and the sanctions for breaking the rules. The condo rules and regulations are legally binding agreements, a breach of which entitles the COA to enforce the terms. The COA is responsible for enforcing the rules to benefit property owners and other residents.
Condo associations have the power to place liens on condo units, meaning the COA can fine a tenant if they engage in an act that amounts to nuisance. Failure to pay the fine gives the COA legal rights to the tenant’s property. The caveat is that the condo association must enforce the lien through a court action.
How to Handle Nuisance Complaints?
COA rules usually allow tenants to lodge complaints when a person does any act that interferes with the quiet enjoyment and use of the property. Such complaints may come in emails, telephone calls, or letters — the procedure may differ depending on the condo rules or guidelines.
When you receive a complaint, start by gathering the specifics to understand what you’re dealing with. For example, if there is a noise complaint, you may want to know the kind of noise, when the noise occurs, how often it happens, how it’s disrupting the tenant’s quiet enjoyment, whether there is any evidence of the noise, and whether the wrongdoer has been informed about their act.
Sometimes, while gathering information, you may realize that the complaint is mild and requires a simple solution. Instead of enforcing the condo rules or instituting legal action immediately, you may advise or warn the person to stop. You may take further steps when the nuisance causes an unreasonable disturbance or when you reasonably anticipate it to escalate. Whenever you’re unsure about what to do, consulting an experienced condo attorney is recommended.
Steps to Take When Tenants Cause Amenity Damage
Condo amenities serve many people, so each person must exercise reasonable care when using them. Where a person damages a property, the condo association or owner may take steps to recover the losses if they have a valid legal claim. Here is a step-by-step guide:
1. Identify the Damage
You can only claim if you know about the damage. Therefore, it’s vital to identify the damage and the person responsible. You may gather information from other tenants or access your video surveillance for evidence. Knowing whether the event happened accidentally or intentionally can also help you build a good case.
2. Document the Incident
Gather all the pieces of evidence available and store them securely. These could include pictures, videos, audio recordings, testimonies from witnesses, and confessions from the wrongdoer. If you do any repairs or replacements, it’s best to keep the receipts. An attorney can help you determine the ones relevant to your case.
3. Estimate the Loss
Determine the full extent of the damage and how much it’ll cost to fix. If you do any emergency repairs, document them and add them to the total expense. You want to know the full amount you may claim from the tenant. You can request several quotes from different vendors for a reasonable estimate.
4. Talk to the Tenant
Talk to the tenant who damaged the property to find the best way to remedy the situation. While some tenants may be agreeable, others may resist your reasonable proposals. Your decision may depend on the facts, but an attorney can help you take the suitable option.
5. Deduct From the Security Deposit
Typically, lease or rental agreements in Massachusetts allow landlords to take security deposits to protect them against damages caused by tenants outside ordinary wear and tear. If the amount is enough to cover the expenses, you may deduct and use it to repair or replace the damaged property. Otherwise, you may claim the arrears from the tenant.
What Are Your Rights in a Claim for Amenity Damage?
Generally, tenants are responsible for damages beyond normal wear and tear. For example, suppose the flooring or appliance deteriorates over time but not due to the tenant’s negligence or intentional acts. In this case, the landlord may not claim the cost of repairs or replacement. Conversely, where the tenant misuses amenities, damaging them, the property owner or condo association may have a valid claim. For example, if a tenant uses a community grill improperly and breaks it, they are liable for damages to repair or replace the grill.
Where a third party causes the damage, and the tenant has nothing to do with it, that third party could be the suitable person to claim against. The facts of the case will determine the appropriate legal steps, but generally, the intentional or negligent damage must be attributable to a person.
Contact Calabrese Law Associates for Assistance With Condo Damage
Calabrese Law Associates has attorneys experienced in condo law disputes in the Greater Boston Area. We help condo owners, tenants, and COAs through their legal challenges by providing tailored solutions to their needs. If you have any legal matters regarding the misuse of condo amenities, contact us now for professional assistance!
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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