Q: I own a condo that I have rented out for years. The neighbor hates that it is a rental and harasses any tenant I put in the property. The tenant understands it’s not my fault, but they get angry when this happens. What can I do to help?
A: Before jumping to the legal answer and the threat of litigation, the best thing to do is reach out to the neighbor. See if you can resolve the issue without resorting to litigation. If that doesn’t work, the next step would be to send a cease and desist letter, setting forth all of the incidents and history of problems. While a cease and desist letter doesn’t have much legal significance, it is a great way to document the problems you have been having so that, in the event of litigation, you have a paper trail. If that doesn’t work, your tenant likely has to be the next one to take action. They may have to go into court and seek an injunction against harassment. They will have to explain to the judge about the pattern of harassment they have endured, and your cease and desist letter should be their first exhibit.
By Mark B. Zinman, Zona Law Group