How to handle domestic issues between tenants

Question

I have one set of tenants that just moved in in February to a SFH. They are having some domestic issues (they were engaged when they moved in). He supposedly locked her out and she can not get inside to get her furniture/belongings. She is stating she filed a police report but they needed a copy of the lease (which I emailed her). Both their names are on the lease and they only qualified due to his income. Rent was due a couple of days ago, I have not received it yet. How do you handle these situations? I advised her to contact the police as it is a domestic issue and deals with personal property. All of this just started happening today (or that's when I became aware of it), it is still unfolding, but I wanted to be knowledgeable in regards to the law. What are my responsibilities vs. what do I defer to the police? She claims to have receipts for the furniture inside. I have not spoken to him yet. I am not just worried about rent at this point, but more if she has legal rights to personal property inside my property how do I handle this if the other tenant is not cooperating?

Thanks in advance!

Joel Owens · Answer

I can't give legal advice. This is a civil matter for the police to handle. If they are both on the lease then she has a right to be there as a tenant.

You can't step into anything . This is all about the police and the court systems. Regardless of who claims to own what it's not your problem. They just need to pay the rent and on time.

You need to collect rent just like any other time. If they do not pay you file to evict like clockwork. Their life issues are not your problem. Today they might not stand each other and file a police report. Tomorrow they can express their undying love for one another again and go romp in the hay all day. Then they will look at you as an evil landlord and say you shouldn't get involved in their matters blah, blah, blah.

Over the years you see people do all crazy types of things.

Andrea M. · Answer

I don't get involved in my tenants personal issues unless it's some type of domestic violence & order of protections/police reports are filed.  In my state the victim has to be protected and I have to get involved and give the "alleged abuser" proper notice.

If your tenant changed the locks on the other party that may be in violation of the terms of you lease, which at that point will have to be notified in writing about the violation and the proper amount of time to rectify the situation.

Brian Mathews · Answer

I know a builder that got stuck holding a spec when the market went down last time.  He ended up renting it out to pay the mortgage.  He rented it to a couple that similar thing was going on.  Except the male got locked out.  His solution was to set the house on fire to get her out and I think kill her.  It did about $100K worth of damage.

Daniel B. · Answer

Thanks all for the advice!

Colleen F. · Answer

Ok,  he locked her out, did he change the locks?  That would concern me, in any case for my lease they would be jointly liable for the rent and the rent is late so I would contact them for that (both of them).  Post a pay of quit.  If I can't get in because they changed the original lock I would change the locks at the tenants expense. It gets a little  problematic though about the keys then.

Jean Bolger · Answer

I had a clause in my lease that said abusive behavior was grounds for termination of lease (including verbally abusive behavior). I started that after I had a fighting couple in my triplex that were making life unpleasant for the other tenants. Some people just can't live without their drama... but that doesn't mean you have to live with it.

I agree that you should file an eviction notice as soon as legally possible. You may decide to work it out with them later and give them a second chance if they pay up(or not), but you have to show them that their business arrangement with you will not be subordinate to their interpersonal problems.

Good luck!

Kathleen Leary · Answer

STAY OUT of it! You cannot win, no matter what. Collect the rent, evict them, whatever you need to do as a business owner - you're not their friend, you're their landlord. Unless there's damage to the property, run the other way - pronto.

Adrian DeGraff · Answer

@Daniel B. Popcorn and a lawn chair.

(edit: then again I'm not thrilled with my neighbors atm for similar reasons, so I might be a bit biased)

How to handle domestic issues between tenants

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