New Jersey: My tenant has mental illness and is causing problems for my other tenants

[Nicholas Jose]

Good afternoon, everyone.

I have a tenant (under the age of 21) who is the daughter of a family who rents from my rental property. I believe she may have a mental illness based on what I am about to tell you, so with this being said, the description of her violations is as follows:

It all began when a tenant from the 2nd-floor unit of my apartment sent me a picture of the apartment's front door lock. The lock was somehow busted wide open, which made me think that a break-in had occurred. I called the mother renting the 1st-floor unit to know what was going on, and she reassured me that her daughter – in her manic episode – was the one who broke the lock on the front door. (The lock had long since been repaired by the father.) This predicament was the first time I've heard the mother tell me over the phone that her daughter has "mental issues".

A few months later, a tenant living in the 2nd-floor unit was reporting "loud banging noises and screaming" coming from the 1st-floor unit. The loud banging sounds can be heard and felt from the 2nd-floor tenant's bedroom, as evidence of his stuff on the shelf shaking from the vibrations. I immediately contacted the mother to know what was going on (again), and she explained to me that she was on her way back to the apartment to check up on her daughter, who was the source of all the commotion.

The loud banging and screaming incidents have occurred on three separate occasions and during the day, so I can't issue a warning to the 1st-floor tenants for violating the township's noise ordinance. At this point, the mother's description of her daughter having "mental issues" has to be taken very seriously, especially since I learned today from my 2nd-floor tenant that, one on occasion, an ambulance visited my rental property, picked up the daughter, and returned her either later that day or the following day.

I understand that this is a very delicate situation. I wouldn't want the police to be involved in this matter, but if someone were to get hurt by the daughter, I would be left with no other choice. I have reached out to my attorney about this, but he hasn't gotten back to me yet, and I don't want to wait any longer for this problem to continue. Any legal advice on how to navigate through this ordeal is very much welcomed and appreciated. Thank you.

[Christie Gahan]

I worked for a lawyer and have seen some of these situations.  There are no winners.  The family is in Hell.  Absolute Hell.  Many times, there are no symptoms of mental illness until the child is an adult 18 - 25.  They have raised "normal, happy" children and do not see this coming. The future they have predicted for their family is blown up and probably won't get better.  For many people, these episodes are a way of life. ( There but for the Grace of God, go I.)

Absolutely, speak with your lawyer and follow that advice.  I am not giving you legal advice.

The police and emergency services will be involved.  You want them to be involved because that could be the only route where she gets help.

As she is over the age of 18, nobody can make her go to a Dr, get a diagnosis, take meds or go to therapy.  When she is having an episode, if she is a danger to herself or others, the police can take her to the hospital for a 3 day lockdown.  Hopefully, the patient can be stabilized a bit.  It is possible, but not guaranteed, that the hospital will be able to keep patient for a week.  To do this, the hospital is hiring lawyers and going to the courts for emergency orders.  Hopefully, while in hospital, someone will be able to convince patient to go into a treatment program.  If the patient chooses to not seek care, there is nothing anyone can do.  Generally, this whole cycle will repeat. This can go on for years.  ( This is a negative aspect of having civil rights.)

I'm not giving legal advice.  If it were me, I would consider reaching out to local police via non emergency phone. Simply, tell them that you are the owner of the property at this address and there have been some calls for emergency service. Tell them that you know this is a private family matter for them to handle.  Ask if, as the owner of the property, there is anything you can do to help them?  They will probably say No.  But, you will have established a connection that may be useful later. They should have your contact info, just in case.  This is a 3 min phone call.  They will not give you much info about what is happening so don't ask. 

If it were me, I would pay them to leave.  Tell the parents that you are getting complaints, etc.  Would they be better off with out shared walls?  If they would move, I would give them every dime of their deposit, kick in another $1,000 and pay for the moving van.