Possible Break In
SFH 2 bed, 2 bath. Tenants are related and both over 18. One tenant claims people are breaking into the house and hitting her at night. I've asked for police reports, received nothing, went to the house and found no damage or evidence of forced entry. The other tenant has never contacted me about the break-ins. I've combed through a year's worth of police reports and found no phone record from the property. The tenant threatens to get lawyers, my concern is their safety, but I can't get any justification to make improvements to the property for security. Tenant also claims they lost the key so I quoted her to change the locks because I will not pay for the locks if they lost key. Tenant said they couldn't afford for me to change the locks.
I’ve thought through two options.
1. Lease is up in 4 months, probably going to put it under management and the tenants will likely move out.
2. Provide the tenant an option to install a security system at a cost to them, since there are no police reports about break-ins.
I’m already planning to find a solid real estate/landlord tenant lawyer in the interim to be prepared for whatever might result in the month.
If anyone has experienced something similar any recommendations would be appreciated.
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- Real Estate Broker
- Cody, WY
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This is mental illness, substance abuse, or someone trying to get out of their lease.
I would tell them the rental is unsafe and they should leave. Give them 14 days to vacate with no penalty. If they choose to stay, make it clear they are accepting the property as is. Also make it clear that you won't renew their lease when it expires.
- Nathan Gesner
- Real Estate Broker
- Cody, WY
- 41,511
- Votes |
- 28,242
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This is mental illness, substance abuse, or someone trying to get out of their lease.
I would tell them the rental is unsafe and they should leave. Give them 14 days to vacate with no penalty. If they choose to stay, make it clear they are accepting the property as is. Also make it clear that you won't renew their lease when it expires.
- Nathan Gesner
I have experienced mental illness within my family and it is challenging, I don’t want to assume risk for my tenants situation unnecessarily. I have asked if they feel unsafe but I never get a straightforward answer which could be indicative of one of three reasons you stated. We haven’t modified rent and the tenants were placed using a state program to make them financially responsible, which has worked out minus the claims of home invasion.
I have another property under a management company which will probably put them through a credit check/background check. I would give them 60 days notice that I plan to put the property a management company.
I would probably start monthly or bi-weekly "safety inspections" to A) document any lack of evidence of risks/issues to the tenant's safety to be prepared to legally defend yourself in the future, and B) to monitor for new/worsening damage to the unit. I've seen these situations spiral out of control and lead to occupants neglecting/damaging the property, such as making holes in the wall to look for hidden cameras, nailing doors and windows shut, etc. I was formerly in law enforcement and saw a lot of this kind of thing with people repeatedly calling in for burglars in the attic, imagined break-ins, etc.
I would absolutely capture everything in writing and require that they file a police report. If the claims are serious enough, I may even call the local PD myself and let them handle it; that way, if the tenant does something crazy and harms themselves or a neighbor, you're covered.
I agree with Nathan. Give them an option to vacate and leave. If they stay have records of you instructing them to get police reports when the break ins do happen. Not sure if there is anything else but an attorney can advise other steps to protect yourself. I don't think the tenant will pay for a security system.
I contacted the local PD, no police reports have been filed only phone calls placed from my property about concerns at other nearby address...dog barking, noise complaint, the latest was assist person. I confirmed there have been no reports filed or case files opened for the address. I am going to gather the local records from the PD certainly start conducting and documenting inspections.
I’m keeping open the options and still doing my due diligence until I am able to provide the tenants of going under management or not renewing. I’m talking the local PD to make sure I have my information correct and can make sure bases are covered if the tenant decides to lawyer.
Clearly a mental problem. Have you talked to the other tenant that is related to her to discuss the situation?
I'd probably call Adult Protective Services and report the issue. Let them do a welfare check on her and see if she is a danger to herself or others.