In my Community Rules and Regulations, I identify noise as "controllable" and "uncontrollable." Uncontrollable is walking, talking, whatever you think it is. Controllable is loud TV, yelling, bouncing balls on the floor, etc. I define both and let them know that uncontrollable is part of apartment living and will have to be tolerated. They sign it and agree.

When there is a noise complaint, I have a form for them to complete to check off EXACTLY what they are experiencing so we can address it. I suggest you put this into place.

In court, documentation that the judge can look over that is easy to read and contains facts and dates will win you the case.

Example:

June 6, 2016--Tenant phones and states neighbors are making noise that is controllable.
June 6, 2016--Management contacted the tenant making the noise and informed them what they needed to do to correct the noise violation.

July 2, 2016--Tenant stops by the office...
July 2 2016--Maintenance tech inspects....

Then a short summary at the end how her actions violated your lease agreement:

1. Tenant complained about pilot light not working properly, but refused to allow maintenance entry.
2. Tenant confronted another tenant and caused a disturbance, violating Paragraph 5 (a) of the lease agreement.

Have a copy of your lease highlighted with all of her violations of it.

Then a list of the actions everyone took to remedy her complaints.

She's a con artist. The personality changes and the type of complaints are typical of one.
I've dealt with this type of tenant before. She's probably used other names and has done the same thing before. Check her driver's license. It was probably new a few months before she moved in. That's another clue.

Let us know how it turns out. An opportunity for us all to learn!

Here's the thing about trials. They can go either way, depending on the Judge presiding. If this were me, I would have the gas line tested by the gas company and a certified appliance repair tech AND a plumber who hooks up gas lines ALL go at the same time to the unit to "fix" the pilot light. Trust me - the techs you call out will all show up because they understand people are crazy so they will want to help you (and because you will be paying.) As to why she hasn't moved, I've offered people the ability to get out of their leases before with no penalty and they didn't move because they had no money for application fees and new security deposits. Being broke is very real for some people. It also promotes their desperation, so they dig in for the long haul. Being broke and poor can make a Judge sympathetic. Everyone is so right - documentation with date, time, and details. I so wish you good luck!

Even if you don't have documentation you a couple of items that are working in your favor. At this point the case is your word against hers. What's working in your favor is that Chad is willing to testify and you have the potential of the family who lived above her to possibly testify on your behalf since you reached out to them to possibly switch. She doesn't have any evidence against you and your maintenance guy.

I've worked for a lawyer and if the family above her will be inconvenienced by showing up to court, your lawyer can have someone interview them about their experience living above her and submit that as evidence. She is a racist and I'm sure they are more than willing to testify against her. If you do reach out to them make sure not to offer any discounts because then that looks suspicious. They should willingly do it voluntarily. After the case is over feel free to present them a gift or a discount for them helping you out, but do not do it before.

Good luck. To best prepare for your case save any communication you have with her and if she only verbally reaches out, record conversations and install cameras with audio for times when she comes to the office. Take snapshots of call histories that show you returning her phone calls. For any other employees working with her like the maintenance guy, make sure they record the times they went to see her and have them make a note if she refuses to sign the paperwork. I think you do have a solid case if you are confident that she doesn't have any documentation that would otherwise indicate that you didn't do your due diligence.

The biggest question that your lawyer should ask her is why she stayed so long if she was so miserable.

That IS wild! Having dealt with a case mildly similar - in court we did agree to credit the resident $250 for use of an appliance they claimed we did nothing to fix when in fact we did and it still worked. The resident then received a judgment against them that included 3 months back rent, late and legal fees. The $250 was credited to that amount ($3000+). I do not know how your case will go but I agree - documentation is so important. So much so that I am ready to start documenting "Hi's and Goodbye's". I have heard several times, it only takes one bad apple to spoil the whole bunch! Good luck.

I've had a few Jekel & Hyde residents in my 30 years of experience in property management. One thing I know for certain: document everything! Keep detailed notes and in some cases photos too. It sounds as though you have been more than accommodating to Roxy and offered multiple solutions to this issue. It's always unfortunate when it goes this far. As long as you have a log to back up multiple conversations, solution offers, etc., you will likely be just fine in court. Some people simply are unhappy people no matter what happens and this affects everyone around them. I wish you the best and feel strongly that this will work out in your favor. Whatever happens though, please don't let Roxy relocate to Oceanside! I don't want her at my property!

My support and sympathy to you! ;)

Mary is right, documentation is always your friend. Not only should you document the conversations you have had with this resident, you should ALWAYS document ANY conversations with residents. When you are responding to a problem, question, or comment from any resident, take the time to put the details in writing, then send them to the resident. In this case, you may have saved yourself a lot of time and trouble had you simply put the offer to be released from the lease agreement in writing. Something like this:

"Roxy. This is a quick note to follow up on our conversation today. It has become clear that you are not enjoying your residency with us, despite the fact that we have offered to allow you to relocate within the community. Because the owner of the property values the positive living environment we provide here, and because it appears that we cannot meet that expectation for you, regardless of our offer to allow you to transfer, we want to offer to release you from your lease obligations with no additional fees. Of course, you will be expected to pay rent through your last day of occupancy, and leave the apartment home in good condition. Please respond to us in writing your acceptance of this offer and your anticipated move out date."

I know it's too late for this resident, but this will prove to be a valuable lesson learned.

Another tip for you. While I know the world has gone electronic, I'm still old school and love the method of using a Daytimer book. I buy the 2 page per day, which provides one side of the book just for notes from the day. I write down every thing I complete for the day, and always take notes of any conversations I have with residents, vendors, employees, and even the boss. Then, I can always look back and pull my notes regarding the conversations. This is very effective when a problem arises, and you can go "back in time" and review what actually took place. Good luck! VS