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Under-age driver in rental community

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Old Oct 5th, 2007, 09:44 PM     #1
Chris Williams
 
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Default Under-age driver in rental community

Since this question involves a neighbor's irresponsible actions as well as our mutual landlord's apparent lack of response to same, I wasn't sure whether this should go under landlord/tenant or neighbor law. That said, here's the question.

We live in an apartment complex. One of our neighbors has a 14-year-old son whom she allows to drive her car on the premises. In our state, he is an underage driver, and our local law enforcement confirms that this is illegal.

Tonight, myself and at least one other tenant witnessed him driving on the property with two teenage girls hanging on the roof of the car. During this same time, he nearly hit another tenant's vehicle. We called the police to report this, but they said he has to be caught in the act for them to take any real action (okay, that's fair).

We have complained to the landlord several times about this -- including a couple of letters -- and while they agree that this is unacceptable behavior, she still remains a tenant.

We've received letters in the past from the same landlord warning about the terms of our lease and subtly implying eviction for sitting on our front porches.

It seems that there is a disparity in the application of common sense here. Is there any recourse we tenants can pursue to have this neighbor removed or to take some action against the landlord for allowing this dangerous behavior to go unchecked?
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Old Oct 7th, 2007, 09:17 PM     #2
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Default Re: Under-age driver in rental community

While your lease may cover the actions you may or may not have been taking on your porch, it doesn't cover the actions of someone driving a car. The LL could send a warning notice to the tenant for this, but short of police action, there is probably little he can do. The LL cannot evict someone for driving violations. That is outside the scope of almost any lease. You need to videotape or photograph the youngster doing this and turn it over to police. Once the police take action against the young boy and his parent, the LL will have some evidence to hold the tenant accountable. Unfortunately, the LL cannot evict for this as it is outside the units and what behaviors are covered through the lease clauses.
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