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Do Property Managers Have to Mediate Problems With Neighbors

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  • 06-30-2010, 06:47 AM
    SNPG
    Do Property Managers Have to Mediate Problems With Neighbors
    My question involves landlord-tenant law in the State of: Florida

    We have been renting a home for almost a year. Recently our neighbors have been causing us some problems. We came back from a week long vacation to find our neighbors had complete tore up the leftside of the lawn all the way up to our home to install a irrigation system. There is no zero lot lines between these properties. The neighbors never speak and never mentioned anything to us about the renovation. After the renovation was complete they started removing anything we had placed in the lawn. Recently I discovered that our garbage cans and some other items from our lawn had "mysteriously" vanished. I have contacted the property manager about what is going on at least twice and she has yet to get back to me. This has been going on for over a month. I want to know does the property manager have any responsibility to us as tenants to help resolve this issue?
  • 06-30-2010, 11:30 AM
    jk
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    if the neighbor commits a crime, you have the right to file a report with the police. The LL does not have a duty to mediate anything.
  • 06-30-2010, 03:14 PM
    grhowe
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    If I were you I'd make sure the owner and the property manager knew of these events. You do not want to be responsible for damage to the property. You might even fill out a police report. While a manager need not negotiate with your neighbors I'd think he would be responsible to stop the property from being destroyed. Notify everyone in writing and keep a copy. You might even take pictures. The danger is that you will be held responsible.
  • 06-30-2010, 03:35 PM
    SNPG
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    Quote:

    Quoting jk
    View Post
    if the neighbor commits a crime, you have the right to file a report with the police. The LL does not have a duty to mediate anything.

    Quote:

    Quoting grhowe
    View Post
    If I were you I'd make sure the owner and the property manager knew of these events. You do not want to be responsible for damage to the property. You might even fill out a police report. While a manager need not negotiate with your neighbors I'd think he would be responsible to stop the property from being destroyed. Notify everyone in writing and keep a copy. You might even take pictures. The danger is that you will be held responsible.

    What about the request to have the property lines marked? This has become to me a hostile living environment. If they are going to these extremes now who's to say what else they will do. I have taken photos and forwarded those to the PM and I have called her numerous times about the situation. She never responds. The owners are overseas. At this point I would like to move. We have 2 months left on our lease but I can't see going through this with these ppl for 2 more months. I have to think about the safety of my children & property. My husband is currently deployed and he is angry that the PM is doing nothing to help me. I will file a police report. Thank you.
  • 06-30-2010, 03:47 PM
    jk
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    A hostile living environment? You say the neighbors don't say anything to you. If true, there surely have been no threats.


    You have given no justification to be able to break your lease without consequences.

    what I don't understand is why they came onto your lawn to install an irrigation system at all and why they are renovating a rental house. and why would they take your garbage cans and remove your items from your lawn.

    Have you even talked to the neighbor about this?
  • 07-01-2010, 12:03 AM
    SNPG
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    Quote:

    Quoting jk
    View Post
    A hostile living environment? You say the neighbors don't say anything to you. If true, there surely have been no threats.


    You have given no justification to be able to break your lease without consequences.

    what I don't understand is why they came onto your lawn to install an irrigation system at all and why they are renovating a rental house. and why would they take your garbage cans and remove your items from your lawn.

    Have you even talked to the neighbor about this?

    They own their home we are renting. There is no separation(fencing) between the homes. They have installed sprinklers directly next to our home and driveway. I think stealing someone else's property is hostile. The fact that they say nothing to us directly while removing our property is irrelevant. I've never heard of a thief notifying the owners prior to stealing their property have you? I attempted to talk with them today but when I went over to the house, they did not come to the door. I do not know why they are doing these things. I just need to know the steps I can take to remedy the situation without additional conflict. I don't want to walk outside the next time and find my car missing or vandalized.
  • 07-01-2010, 10:00 AM
    jk
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    How do you know it is them stealing or moving your property? You have not stated any justification for accusing the neighbor. You have your assumptions but that is all.

    Quote:

    The fact that they say nothing to us directly while removing our property is irrelevant. I've never heard of a thief notifying the owners prior to stealing their property have you?
    then why haven't you called the police if you know they have stolen your property?

    Quote:

    I just need to know the steps I can take to remedy the situation without additional conflict.
    most likely anything will cause conflict. They are doing something you believe is wrong. They either believe they have a right to do whatever they are doing or are criminals so anything as an attempt to rectify the situation will be a conflict.

    Since you have stated the neighbors own their own home, your PM has no duty to deal with owners of adjacent property owners. If you have a legal problem, call the police.

    Based on what you have stated, I suspect the neighbors believe they own the area that they installed irrigation on and removed your property from. Unless you make an effort to determine why they are doing what you accuse them of doing, all you have are guesses.

    and going from them removing (stealing as you claim) your property from what I suggest is disputed ownership of the land in question is a far cry from damaging your vehicle. You have no justification for terminating your lease early without penalty.
  • 07-01-2010, 11:46 AM
    Scott67
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    In "real estate time" 2 months is a very short time. Since you have said you want to move, start looking for another place and refrain from putting personal property on the disputed area in the meantime. Any resolution to this problem would probably take longer than 2 months remaining on your lease unless the neighbors acquiesce to your wishes, which seems unlikely. Do file a police report for the missing items. It would seem that the owner should be concerned about the neighbors taking over part of his property, but given that you are leaving, don't waste your time or energy fighting his fight. -- You might want to send the property manager a letter requesting a reduction in rent for the loss of use of the land that the neighbors have appropriated. It probably won't work, but it can't hurt to ask. I do believe that the property manager has an obligation to you to deal with this, since you are apparently not receiving the use of the entire property that you have rented.
  • 07-01-2010, 11:59 AM
    jk
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    Quote:

    It would seem that the owner should be concerned about the neighbors taking over part of his property,
    that is the part that is so odd about this. What PM wouldn't be raising Holy Hell with a neighbor that tore up their property? I think there is something going on here the OP is not aware of or is misunderstanding of. It just doesn't make sense that a neighbor would put an irrigation system in a yard they either don't own (or believed they owned) or didn't have permission to do so.
  • 07-02-2010, 10:43 AM
    SNPG
    Re: Do Property Manager Have to Mediate Problems With Neighbors
    Quote:

    Quoting jk
    View Post
    that is the part that is so odd about this. What PM wouldn't be raising Holy Hell with a neighbor that tore up their property? I think there is something going on here the OP is not aware of or is misunderstanding of. It just doesn't make sense that a neighbor would put an irrigation system in a yard they either don't own (or believed they owned) or didn't have permission to do so.

    Ok so what you're saying is the PM should be concerned with that the owners of this home could possibly be losing part of their property to the neighbors?? I do not think the owner's are aware of anything going of because they are military and stationed overseas at the moment from what the PM originally told me when we moved in. I will continue to document everything in writing to the PM. Thanks for everything.
  • 07-02-2010, 02:06 PM
    jk
    Re: Do Property Managers Have to Mediate Problems With Neighbors
    the PM (if he is doing his job) should be alerting the owners to things such as this that happen unless the PM has full authority to take care of all problems.


    It just seems odd that the actions of the neighbor appear to be that of a person that believes they own the land you believe is part of your rental home. That is why sometimes just talking to people is the easier answer than getting all legal on them. I would also believe that if the PM believed the neighbors were damaging his clients property, he would take action. Since he hasn't, it tends to support the neighbors owning the land in question.

    No reason to be adversarial about the whole thing. Maybe you are mistaken. Maybe they are mistaken. Mistakes happen.
  • 07-02-2010, 07:59 PM
    SNPG
    Re: Do Property Managers Have to Mediate Problems With Neighbors
    Quote:

    Quoting jk
    View Post
    the PM (if he is doing his job) should be alerting the owners to things such as this that happen unless the PM has full authority to take care of all problems.


    It just seems odd that the actions of the neighbor appear to be that of a person that believes they own the land you believe is part of your rental home. That is why sometimes just talking to people is the easier answer than getting all legal on them. I would also believe that if the PM believed the neighbors were damaging his clients property, he would take action. Since he hasn't, it tends to support the neighbors owning the land in question.

    No reason to be adversarial about the whole thing. Maybe you are mistaken. Maybe they are mistaken. Mistakes happen.

    I've tried going over and talking with them and AS USUAL they did not come to the door to speak with me. I've done my part. I've filed a police report and sent out letters, so I'll let the next tenants or the owner's themselves deal with it. I think its pretty rude and unprofessional for the PM if she indeed knows its part of the neighbor's property, to not inform the tenant of that especially after 3 requests to do so and notification of property being stolen. Im sorry but when some jerk takes my property and disposes of it without my permission I think I have the right to be a little defensive. The NEIGHBORLY thing to do would be to come knock on my door and ask me to remove it because if it is indeed your property you should have NO PROBLEM letting me know that. Thanks again.
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