Q: What rights do we have about making valid complaints on our neighbors if my husband owns 25% of property we live on?
My husband owns 25% of duplex we live in. Father in law owns 50% and hired a property management company to manage our neighbors side. Our neighbors have violated the no smoking on property rule, have a dangerous dog that has gotten inches away from attacking us several times, let dog deficate on our side of yard without cleaning it up and admitted to causing damage to the property. We have made several complaints about above topics to father in law and his property management company and have been told by property management that they aren't going to do anything about it because they don't manage our side but will do something if neighbors complain about us. Father in law tells us we have no rights and to shut up and leave neighbors alone and that we are going to cause a lawsuit. Since hubby is an owner but we also pay rent each month what rights do we have? All of our complaints are valid but no one cares
A: This is a dispute that has to be worked out between you and the father-in-law. The property managers simply are not doing their job and all owners should be concerned if damage is being done without consequences. You don't say who owns the other 25% but regardless, let the property managers try to "do something" if the neighbors complain about you. As a part owner, you have an absolute right to occupy the dwelling and if it ever came to it, it is likely that they would have a devil of a time evicting you. That said, if you occupy it and the other owners do not, then it is right that you pay rent to them but you should only be paying 75% of market value rent since the other 25% is already yours. All this said, something seems amiss here. One would think that if you are already both a part owner and on-site, why are all the owners collectively paying a property manager instead of just having you administer the neighbors tenancy? Questions? Review it all with a local landlord-tenant attorney.
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