Tenant is victim of abuse frm other tenant - wants them off lease

[JP Christopher]

Hi there. 

We have two females renting a home from us.  They entered into the lease as couple and from what we knew, we're doing fine.  

We received a message from one of the residents (Ill call her Melanie) yesterday asking to talk in person.  When we met you could see just how frightened she appeared and was shaking most of the time.  

She shared that her relationship with Julie (resident #2) was not good and she has been in fear for a long time.  She mentioned Julie left about a week ago and traveled 5 hours to where her mom/grandparents live.  Melanie was stating she feared Julie coming back and wanted her removed from the lease.  She also mentioned that Julie is unemployed and in no way has ever contributed to the rent/utilities.  

she also mentioned that she has called the police before when outbursts and abuse has occurred, but it takes 8 hours for them to come, and they have openly told her there is nothing they can do based on their same sex relationship.  Not that this is right, but she wanted to tell us the truth.  

She did also share that Julie has kicked in one of the doors to the bedroom that she showed a picture to us.  

I have no experience of a resident being abused (and I guess in this case also having a resident being the abuser).  Julie has been difficult in the past to work with and none of this now seemed to far out of reach.  Melanie does have her sister and brother in law staying with her in case Julie shows back up.  What we were told is that Julie got into a physical altercation with her Mom this week and was asked to leave their home.  They encouraged her to go to a hospital and try to get somw help.  She checked into a hospital as of Friday night and am told that she maybe will be out Monday or Tuesday.  Melanie feels that she will make the 5 hours drive back to our town and expect to move in.  

I don't know personally what all in on record but it was shared that there is a counselor at work and colleagues at work that know the entire story and incidents.  

I am certainly not going to let Melanie live in fear but also know we need to walk a fine line here.  Not that its of utmost priority, but Melanie reassured us that she loves the home she is at and is currently in a financial position to handle the rent and utlities on her own...as she has been doing, already.  She has gotten 3 promotions since she moved in 2.5 years ago and her income has now doubled.  

Melanie's ideal goal is to remove Julie from the lease and sign a new lease directly with us.  Obviously if Melanie was to forefeit her part of the lease in writing to us, and asked to be removed....i would guess that would be cleaniest if we were okay with it.  Then we could rescreen Melanie and assuming all checked out, sign a new lease there.  

But now the question is more around if Julie doesn't want to do that.  Or isn't in a position.  My partner and I found one piece of research yesterday for our state of Missouri, that if a police officer, counselor, clergy, or someone else has physically been involved and has witnessed this physical or verbal abuse and put that in a letter with certain language needed for the state MO, that we could accept that if we felt comfortable with where it was coming from.  

Unless it has to come to it, Melanie stated she proffered not to do a protective order or restraining order.  But she has also stated that she understands that she is so scared what could happen next.  Again its one side, but there are consistent threats of Julie committing suicide to have Melanie live with it...and also threats to kill Melanie.  However I dont know when or the context.  

I am still a person first and if you would have seen how vulnerable and scared Melanie was...you too would be moved by what we witnessed.  I was very honest with her and mentioned I have no experience here with leases and properties, and didn't know exactly what we can and can't do.  And she understood.  

If any of you (and I understand we are not attorneys) but had opinions, ideas or activities you would do if you were in our place, it would all be greatly appreciated.   

jp

[Nathan Gesner]

Quote from @JP Christopher:

I find it unlikely that the police just shrugged it off. As Theresa mentioned, the police deal with all kinds of abuse and will typically treat it the same regardless of the relationship.

If your tenant reported physical violence to the police, they would instruct her to file a report and then request a no-contact order or something of that nature. The court could serve her roommate which would be enough to force her out of the apartment. Police can escort her back in to pick up her belongings and move on.

If they really did shrug her off, there are national, state, and local hotlines she could call for assistance. There are shelters she can go to where she is safe until she figures this out.

I recommend she take a video to document the condition of the unit. Pack up a bag and head to a public place like Starbucks where her roommate can't find her/harm her. Then call the crisis hotlines and look for a shelter that can house her for a couple days. They can help her file a report and get the help she needs.

As a Landlord, don't get involved. You don't know the entire story and may open yourself to some serious problems if you do the wrong thing. Point her to resources. Let her know that the law allows her to terminate her lease and move out if she is fearful.