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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 55860
Experience:  Experience representing landlords and tenants.
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Owner of second floor apartment - My tenant is feeling threatened

Customer Question

Owner of second floor apartment - My tenant is feeling threatened by first floor neighbor.
Hello, Good morning.
I am the owner of a second floor apartment unit in Weston, Florida. I rent the apartment to a family composed of husband, wife and two boys of ages 7 and 9. The contract starting date is September 30, 2015.
On October 22, 2015 the neighbor that lives on the first floor, directly below my apartment went to my tenants and at the door was offensive, rude and threatened my tenants as he complained about the noise. (Pages 1 and 2 of attached PDF File. The second page is the original communication from my tenant to me in Spanish, the first page is the English translation of the second page. )
Another day, for which I do not have the exact date for; a note was left on my tenant’s door by the same first floor neighbor complaining about the noise. (Page 3 of attached PDF File.)
On March 19, 2016 the same first floor neighbor again goes to my tenant’s door in an offensive, intimidating and aggressive manner. He threatens my tenant and challenges him to go a fight in the grass area behind the apartments. Our tenant sees that the man takes his right hand and takes it violently to his waist, so our tenant presumes the man is armed and calls the police. (See Police Report on Page 4 of attached PDF File.)
Our tenant feels insecure and is afraid of an aggressive and harmful action that might come from the first floor neighbor. He is worried for his well-being and most importantly, the well-being and safety of his children.
On April 13, 2016 my tenant and I both received a FINAL NOTICE from the apartment complex property management group, stating that my tenant’s lease will not be renewed and could move my tenants for an early eviction. (See Page 5 of attached PDF File.)
QUESTIONS I HAVE:
- Is it correct for me and my tenant to have received a FINAL NOTICE from the apartment’s property management group without having received any communication regarding the issue prior? Shouldn’t I have received a NOTICE prior to the FINAL NOTICE?
- Keeping in mind that the first floor neighbor has previously disturbed these tenants of mine, AS WELL AS PREVIOUS TENANTS by going to the apartment’s front door, knocking, intimidating, insulting, threatening and wanting to hit my tenants; how can I prevent and protect my future tenants from having to feel the intimidation and threats that come from the first floor neighbor? Who should I go to? And how should I expose the situation?
- How should I respond to the apartment’s property management group? I know the protect the first floor neighbor and I believe the main reason for this is that my tenant does NOT speak English, as the family recently came from Colombia.
Thank You.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.
Hello
Expert:  Infolawyer replied 1 year ago.
will answer each question below:Is it correct for me and my tenant to have received a FINAL NOTICE from the apartment’s property management group without having received any communication regarding the issue prior? Shouldn’t I have received a NOTICE prior to the FINAL NOTICE?NO, THIS TYPICALLY UNDER THE BYLAWS AND MANAGEMENT RULES REQUIRES SERIES OF NOTICES FIRST, INCLUDING NOTICE TO CURE.- Keeping in mind that the first floor neighbor has previously disturbed these tenants of mine, AS WELL AS PREVIOUS TENANTS by going to the apartment’s front door, knocking, intimidating, insulting, threatening and wanting to hit my tenants; how can I prevent and protect my future tenants from having to feel the intimidation and threats that come from the first floor neighbor? Who should I go to? And how should I expose the situation?COMPLAIN TO MANAGEMENT, FILE A POLICE REPORT, INVOLVE THE ASSOCIATION, FILE A CIVIL LAWSUIT FOR NUISANCE, HAVE A LAWYER SEND A LETTER TO THE DISTURBING TENANT.- How should I respond to the apartment’s property management group? I know the protect the first floor neighbor and I believe the main reason for this is that my tenant does NOT speak English, as the family recently came from Colombia. ADVISE THEM THAT YOU ARE NOT RESPONSIBLE FOR THIS CONDUCT, AND THEY SHOULD PURSUE THE DISTURBING TENANT DIRECTLY AND ANYONE WHO HAS CONTROL OVER HIM. THAT YOU WILL ASSIST AS YOU CAN BUT ALL ON THE SAME TEAM.
Expert:  Infolawyer replied 1 year ago.
Please let me know if that is fast and acceptable.
Customer: replied 1 year ago.
hello...thanks for your answer.. i'm going through it. I attached the pdf
Expert:  Infolawyer replied 1 year ago.
ok, let me know if you have any follow up. Kindly rate me positively.
Expert:  Infolawyer replied 1 year ago.
thank you in advance.

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