Sue tenants or landlord for costs of having to move?

[christos]

Does anyone have any advice on this?

I rent and have currently been in a long running dispute with neighbour (also rent) over noise (music, fighting and dog barking) and issues with neglect of animal (left unattended for long periods of time, not walked, poor conditions).

I have exhausted all other options with them – have called and lodged complaints with my rental agent, their rental agent, RSPCA, Police and Council over various issues which may or may not result in fines against them. As yet, have not succeeded in getting them evicted.

I have resigned to move (signed a new lease elsewhere) so I am looking to claim cost from tenants, landlord or managing agent for having to move, cost of increased rent + other associated costs. These are real tangible costs (and does not include the ongoing headache of a barking dog nearly every day and then insanely loud band procatice and domestic fighting)

We are talking a couple of thousand dollars (cost of paying additional rent over a year due to signing a new lease elsewhere vs paying what we are on now) here so not an insignificant amount.

The tenants won't have 2 cents between them so that is why querying who you would initate proceedings against - the property manger or the landlord - and whether anyone has done this (or had it lodged against them).

Property is in NSW

Thanks

 

[Ausprop]

should think your only recourse is against the people that have done the wrong, i..e the neighbours. unfortunately if those people have no money then that's that. not to mention you would have to spend a fortune to litigate your allegations anyway

 

[Roosterman]

Christos I sympathise with you, I live near a barking dog (whose owners deny it barks) so I know some of what you are going through.

But I just don't see how you could possibly sue over this. It's your choice to move.

 

[Ausprop]

try the petsafe outdoor dog bark deterrent - sometimes they dont work but if they do they can be very effective

 

[The Fence]

Cue Daz.....

Are you serious...? Sue the landlord or agent because the neighbours upset you....??? How is this any of their fault?

Heck...! you have to be kidding Im sure. Nice one.

 

[christos]

should think your only recourse is against the people that have done the wrong, i..e the neighbours. unfortunately if those people have no money then that's that. not to mention you would have to spend a fortune to litigate your allegations anyway

Yep I know - half of me is just going - move on, forgot about it but half of me is the its the principle of this - these people just want to dodge, evade everything that gets thrown at them (and get away with it) and I have to concede by moving.

The neighbours on the other side of them are in the same but being owner occupiers they cannot move easily with out selling up so they have just conceded to sit tight and put up.

Look - I'll be happy with them getting them stuck with a fine or keep ending up on the cops most popular list - you would just think they would get the message sooner or later (we are talking more than 10 calls to cops now)

 

[Luv2Travel]

Are you serious...? Sue the landlord or agent because the neighbours upset you....??? How is this any of their fault?

I'm glad my neighbors didn't try to sue me over my troublesome tenants, when the law wouldn't allow me to get them out for over six months.

I'd say you be thankful you're not the landlord of the neighbor.

 

[rowena]

try local council for noise pollution laws that they may have.

 

[Rooster]

Cue Daz.....

Are you serious...? Sue the landlord or agent because the neighbours upset you....??? How is this any of their fault?

Heck...! you have to be kidding Im sure. Nice one.

I agree.

How can you justify your choice to rent a place that has a greater rent cost than you currently pay? Good luck attributing that personal choice to the actions of someone else!

So you've lucked out and are now on the receiving end of a bad neighbour. It's unfortunate but I smell a big wiff of victim mentality in the air.

Save your pennies. Move out. Forget the litigation.

Rooster

 

[christos]

Cue Daz.....

Are you serious...? Sue the landlord or agent because the neighbours upset you....??? How is this any of their fault?

Heck...! you have to be kidding Im sure. Nice one.

Um because they refuse to do anything about it?

In this street we have had 4 formal complaints to the managing agent from different residents about these people - its not just me.

If you were paying an agent to manage your property and they failed to address any issues with it I am sure you'd be plenty impressed with them too

Surely some responsibility lies with them

 

[The Fence]

Noise and arguing neighbours are no responsibility whatsoever for landlord or agent.

It's a civil matter in other words sue the police.

I do feel for you as we had similar neighbours not long ago but found their arguing quite funny and the dogs got a mysterious disease one day and died and they never replaced them. So you can be lucky in that they will move out one day.

 

[christos]

I'm glad my neighbors didn't try to sue me over my troublesome tenants, when the law wouldn't allow me to get them out for over six months.

I'd say you be thankful you're not the landlord of the neighbor.

The landlord is oblivious (or is choosing to be) - from what I can determine none of this has been conveyed to them

 

[locko24]

What has it got to do with the landlord? Does it say in their lease no noise allowed?

 

[Rooster]

The landlord is oblivious (or is choosing to be) - from what I can determine none of this has been conveyed to them

As a landlord I wouldn't want to know about the tenants choice or noise level of music, their domestic disputes or the activity of their dog.

Do they pay the rent on time?
Are the rental inspections up to scratch?

Yes?

Carry on then.

Your issues with them are a matter for the police, the RSPCA and the body corporate.

Rooster

 

[westminster]

You would be surprised how hard it is to evict a tenant. Practically none of the problems you have cited have given the property manager or the landlord any grounds to evict them.

If they pay their rent on time and don't destroy the place under their tenants rights they are allowed to be as loud and as obnoxious as they want to be. I'm not saying those things don't matter to Landlords or to neighbours but they are civil matters, ie alerting police, council etc etc

I'm sorry but you have no case in my opinion against anyone.

 

[handyandy]

Cue Daz.....

Are you serious...? Sue the landlord or agent because the neighbours upset you....??? How is this any of their fault?

Heck...! you have to be kidding Im sure. Nice one.

^^^

It's someone else fault that you now absolutely have to move --- are you kidding.

As far as being a landlord - my tenants are adults and I am not responsible for their actions - period.

 

[christos]

You would be surprised how hard it is to evict a tenant. Practically none of the problems you have cited have given the property manager or the landlord any grounds to evict them.

If they pay their rent on time and don't destroy the place under their tenants rights they are allowed to be as loud and as obnoxious as they want to be. I'm not saying those things don't matter to Landlords or to neighbours but they are civil matters, ie alerting police, council etc etc

I'm sorry but you have no case in my opinion against anyone.

Fair enough - look I don't want to come across as a painful tenant (and I am a landlord as well so well aware of issues around eviction/managing the property) and agree with others here - yes I don't want to concern myself with all these details - they are civil matters that can be handled appropriately with the respective channels (police, RSPCA etc) which I have.

I was more asking from a tenant's point of view over responsibility here. From what my agent has told me who has a relationship with the other property manager there are adequate reasons for eviction (late in rent, property damaged, grounds in neglect etc) yet the agent does nothing about it.

As a landlord would you not want to know that your property is going down the tubes?


Anyway - put it down to bad luck and yes just move on.

 

[weg]

Neighbours babysat a dog for a week (I know unsettled because they're away from the owners) and the thing drove us nuts.

It even resulted in us having to cut short a birthday BBQ because the damn thing barked constantly at the boundry where our patio area was and guest couldn't hear each other speak .

Just in that one week I had some pretty evil thoughts, so I can understand.

But... it's a council issue. I don't know why you'd consider it appropriate to sue the LL.

A few years ago my parents neighbour's dog barked constantly but as they built to suit selling was not an option.

Neighbours also owned their own house, so no LL involved.

They just pestered and perstered the council (had to also fill out paperwork a couple of times showing periods and frequency of the barking) till the noise stopped.

All up it took close to a year but it worked.

I have no idea what happened - ? the council had powers beyond warnings ? the people heeded the warnings and did something about it ? people themselves got sick of the barking and the grief the dog gave them.

 

[jim1964]

Are you serious........................... why have we moved to the sue anybody for anything mentality.Really........get a life.

 

[The Fence]

Go to butcher get big bones leftovers they cost buggerall. Toss over fence and enjoy the silence. Rinse & repeat, easy as.....