Ask Me Help Desk - Tenant Takeover

Tenant Takeover

First of all,glad I found your site, maybe you can help. I live in Missouri. The apt I live in has 4 units and a basement (used to be empty). I have lived here for six years and am on a month to month lease (we pay extra for that)and am on disabled.
The neighbor downstairs, also on disability, works for the landlord(corporation)as lawn care guy, and various other things. He (downstairs) took it upon himself to have the basement rewired (electrically)and is using the basement for his personal workshop (now filled with metals of various kinds, power tools used constantly, etc)There are people coming and going all the time into the basement that we don't know. The noise levels have become constant and louder as time goes by.
The lease (present one people are signing) states that no businesses can be run in apts, including yard sales. I know the dowstairs guy works for the company, but does that give him a legal right to break the lease agreement and be above the law. (they have been here for near 3 yrs approx. but the working for company has been approx one year)
I don't know where to turn or who to contact to have this all taken care of. I have called the company asking someone to return my call numerous times, and spoke to the previous manager before he resigned, in which case I am back to square one.
Notation: Some of the power tools being used down there (grinders for example) are shooting sparks up onto the wooden floors under the first level. With no licenses for business, inspections done, or fire protection, I am beginning to fear for the safety of my fellow neighbors, wife, and daughter, as well as our personal property.
I want to handle this without risk of evicition and homelessness due to my condition and lack of monies.
I don't understand how one person can take over an additional part of a building and become so powerful because he is the lawnmower man. (by the way, he has placed his own personal lock on the basement, which was told me on initial moving in is our safety shelter for tornado etc. We are the only building in the complex with an empty basement due to location, all other buildings have tenants in lowest levels)If more info is needed please ask and I will answer as soon as I can.

UPDATE:

Ok, I took a bit of advice from pieces of all and by some odd coincidence of fate, the new management and the 'owner' of the complex were on the premises and came to see me immediately.
The owner/management had no knowledge of the things done in the basement, and were not pleased, but not totally bummed. They agreed to tell neighbor there will be ZERO action down there after 6 p.m. His personal junkyard would be removed and his scrap metal business terminated from within their building. They told me they would offer 'him' an option to move to another apartment if he could not live by 'me' in respectful manor for my sanctity. The owner was also kind enough to thank me for never being late on rent in the full six years I have been here personally. All in all it turned out finding your advice and stepping forward in a calm and reasonable and thought out (with your assistance) plan worked out great for me. Many thanks again.
As far as the month to month thing, we are looking to purchase a home and desperately still wish to leave this place, however these troubles have put us in a difficult situation and knowing the month to month was probably against us, I needed some outside thinking power.
Thanks again all... very much

Quote:

Originally Posted by RevTodd

and am on a month to month lease (we pay extra for that)

I want to handle this without risk of evicition and homelessness due to my condition and lack of monies.

Hello rev:

As noted, you are month to month. That means the landlord can throw you out for ANY reason in ONE month. I don't know why you pay extra for that – especially since it gives the landlord an advantage – NOT YOU. And, especially, especially given your situation.

Yes, the downstairs guy is causing problems. You can be out in a month.

What's more important? Your home or your comfort?

excon

First, Are you sure this tenant does not have a different lease? Its possible that, in return for doing maintenance duties, he was given a more liberal lease that permits him to use the basement as a workshop.

Second, do you have the info that the basement was reserved as a storm shelter in writing? If not, then that has no bearing.

Third, as for the noise levels, does he use the basement equipment during the hours of 10PM to 9AM? Generally those hours are considered quiet time where noise needs to be controlled. Other times are more liberal as to noise levels.

As I see it, you have two choices. You can have a meeting with the landlord or property managers and express your concerns about noise levels and safety issues. Or you can send a letter (anonymous or otherwise) to the local building department citing your safety concerns.

Obviously - the landlord/property manager has blessed this situation since the workshop obviously benefits the building and maintenance.

You need to locate other housing and provide your 30 day notice if you don't like it. It is the owner's property - not yours.

Quote:

Originally Posted by Cvillecpm

Obviously - the landlord/property manager has blessed this situation since the workshop obviously benefits the building and maintenance.

Hmmm I wouldn't say obviously. With Absentee landlords and even managers they may not be aware of what he's done or the extent of what he's done. Its also not so obvious from the OP that all or any of the work being done in the basement is for the benefit of the building or complex.

But it is certainly a possibility that what he's done has been done with the knowledge and blessing of the owners or their agents.