The Property Management Shop
by Marc Wilson
Q. One of my units has been occupied for many years by a childless married couple. They are both attorneys. The unit above theirs is occupied by a young couple who recently had a baby boy. Last week, the tenant in the lower unit called and said that he was bothered by the constant crying of the new born baby. He indicated that the crying baby upstairs is affecting the “habitability” of his unit, and that he wants to move into one of my top floor vacant apartments and pay his current contract rent. Their rent is way below market and the apartment they want to occupy is a top floor, view apartment worth at least three times their current rent. My wife wants to capitulate because they are both attorneys, and she is afraid that we will be sued. What should I do?
A. I’ve heard some ridiculous assertions in my time, but this one takes the cake. Your scenario reminds me of a scene from an old war movie. The Nazis are looking around in an abandoned building for some people to kill. Their victims are hiding behind a wall when one of the babies starts to cry. The baby’s young mother attempts to keep it quiet in order to save all their lives and she ends up smothering her own child. Only a San Francisco attorney tenant would have the audacity to make a habitability claim based on a crying infant. Did they learn this kind of behavior in law school? Or is it a god-given talent?
Whenever you get a call from a tenant with a material request, and they are all usually material, you should ask that the tenant put the request in writing. In this case, simply tell the tenant that you find his assertion and his request to be “interesting,” and that you will review the facts upon receiving them in writing. Always ask the tenant to be very specific as to what he considers to be the habitability issue, the potential cure and why he considers his request to be fair. Make sure you put a copy of your own letter in the tenant’s file.
Getting the tenant to place his thoughts in writing will serve two purposes. First, it will enable you to start to build a file relative to the issue. The more information you get in writing, the more likely you will make an informed and wise decision. Remember, virtually all material interaction with your tenants should always be in writing. The second reason to ask the tenant to send you his position in writing is that, in most cases, the problem will simply go away. I have found over the years that when tenants are forced to actually write, document and read their own ridiculous requests or assertions, I never hear from them again. The simple act of thinking about their “case” and placing their request in writing is enough for most tenants to realize that they are overreaching. It’s possible that the issue was not, and currently is not, important enough for them to take the time and energy to put it in writing. In either case, the issue will be put to rest. Close the file and forget the issue.
If you do receive written correspondence, send the tenant a letter acknowledging receipt of their letter and informing them that you do not—and 99.9% of the human race does not—consider a crying infant to be a justifiable habitability issue. Include in your letter information concerning petitions for “reduction in services” obtainable at the Rent Board, where, you can add, he is free to make his case. I am confident that you will not hear from this tenant again or your tenant will have a very, very bad day at his Rent Board hearing.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Marc Wilson has been managing and selling San Francisco apartment buildings for over 15 years. Please send your questions concerning property management issues to Marc Wilson at 1699 Van Ness Avenue, SF, CA 94109. He can be reached at 415-229-1275. Copyright © 2003.