Evicting suicidal/crazy tenant

Evicting suicidal/crazy tenant

Rental Property Investor · Trabuco Canyon, CA · Member since 2014 · 134 posts · 78 votes

I just purchased a 21 unit apartment complex with a lot of problems. I started cleaning it up - 3 unit evicted in the first month and two more in the way - all of them professional tenants. But this month I got a new completely different problem: a suicidal tenant.

The guy was a friend of the previous manager and was moved in without any background checks or any security deposits. When they moved him in, the guy was or was about to get divorced. 

Fast forward several months later and we have a guy that is unemployed, drunk or on drugs exposing himself to the other tenants. The police have picked him up several times but let him go after 12-24 hrs. When he was back, he was threatening people but now people no longer want to call the police because the police let him out every time.

Yesterday, he decided to take his life. Since he didn't have electricity (he stopped paying utilities several months earlier) he tried doing it by using the stove (water and gas are paid by me - the owner). The other tenants smelled gas and reported him to the police and they picked him up (again). I was told they are going to keep him for 72 hours.

I have already given him a 3 day notice to pay or quit (because he didn't pay his rent as well) but is there anything else I can do to expedite his eviction.  I had two tenants calling me about him - both of them afraid about the well-being of their kids and ready to break their lease and fly away. The standard eviction procedure takes over 45 days here and if this continues, I may be an owner of a completely empty apartment complex way before that.

On the top of it this is the Communist State of California where tenants have more rights than the property owner. The only bright spot is that this is not in a rent-controlled property.

I am going to try to offer him cash for keys but what if he does not want to move? What type of documents should I ask him to sign so I would not be open to lawsuit after that? 

Any OTHER suggestions?

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Investor · Bonita Springs, FL · Member since 2015 · 102 posts · 37 votes
11y

@Lenny Wilbourn

I have typed a long response twice and it logged me out both times for some reason. In short I personally would toss him without an eviction and tell him to either kick rocks or sue me. With the history of police coming to get this guy and the current situation I will take my chances in court with my team of attorneys before I will risk being sued by families for wrongful death. If it was my building I would change the locks board the windows throw up a fake condemnation notice and call it a day. Screw tenants rights in this situation.

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  • Investor · Bonita Springs, FL · Member since 2015 · 102 posts · 37 votes
    11y

    If he is trying to blow himself up (you mentioned the gas) I would consider pressing charges for attempted arson. Just an off the wall idea, assuming he has nothing and can't bond out you could easily change the locks until the eviction is finalized while he sits in jail.

  • San Francisco, CA · Member since 2014 · 345 posts · 281 votes
    11y

    Wow, that's a tough one.  I suppose you could find a good landlord attorney who could petition the court that the guy was endangering others.  That will likely not be cheap or very quick either.  

    Make sure you document everything well - particularly complaints from other people, get a copy of the police report on the gas incident, make a formal record of his behavior and try to get it on film.  You should be well within your rights as a landlord to ensure your tenants have a safe place to live.  If the guy has problems this serious, maybe you should be working to convince the police that he poses a threat to your tenants.  The only way to get the cops to buy in will be if you give them proof they can use to prosecute.  Get cameras and cooperate with your good tenants.

  • Outside Marine Machinery Mechanic · Tacoma, WA · Member since 2013 · 15 posts · 3 votes
    11y

    Is there a law that relates to this type of situation in your area?

  • Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
    11y

    You are clearly at risk as to Health & Safety issues regarding other tenants. 

    My buddy happens to be the psych caseworker for OCDH that works your area. Perhaps you'll be able to coordinate with law enforcement to extend the 5150 (3 day hold) while you find other reasons to prevent him from returning. 

    This is an attorney situation. Might need a social worker, too. 

    Document everything and do what you must to protect your good tenants from the mentally unstable tenant. You cannot fix him and you know that!

  • Real Estate Agent · Jewett City, CT · Member since 2015 · 57 posts · 28 votes
    11y
    It absolutely amazes me that in situations like this, nothing can be done to ensure the safety of your tenants and that the law is more concerned with his rights to his apartment than others lives... Merica!
  • Mesa, AZ · Member since 2015 · 26 posts · 3 votes
    11y
    Originally posted by @Parker Detweiler:

    If he is trying to blow himself up (you mentioned the gas) I would consider pressing charges for attempted arson. Just an off the wall idea, assuming he has nothing and can't bond out you could easily change the locks until the eviction is finalized while he sits in jail.

    That was my first thought as soon as i heard about the gas, file a TRO also and that should keep him away from the property for a good 45 days as he poses a threat to himself and the property as well as the livelihood of those in the complex. But as you said it's CA so the judge may just suggest turning off the gas.

  • Investor · Bonita Springs, FL · Member since 2015 · 102 posts · 37 votes
    11y

    @Lenny Wilbourn 

    Might as well just file for an injunction, wouldn't have to go in front of a judge. 

    While you are at it just buy his direct neighbors some pepper spray and tazers as "good tenant gifts". He will stop all the BS real quick if you leave it in the neighbors hands

    Of course simultaneously file for eviction and be very cautious with how you approach the neighboring tenants if they are late with rent in the future.

  • Mesa, AZ · Member since 2015 · 26 posts · 3 votes
    11y
    Originally posted by @Parker Detweiler:

    @Lenny Wilbourn 

    Might as well just file for an injunction, wouldn't have to go in front of a judge. 

    While you are at it just buy his direct neighbors some pepper spray and tazers as "good tenant gifts". He will stop all the BS real quick if you leave it in the neighbors hands

    Of course simultaneously file for eviction and be very cautious with how you approach the neighboring tenants if they are late with rent in the future.

    While i agree with your thoughts and support them, in CA him buying the residents weapons of any sort or kind may open him up to legal troubles should they be used. 

  • Investor · Bonita Springs, FL · Member since 2015 · 102 posts · 37 votes
    11y

    @Lenny Wilbourn

    I have typed a long response twice and it logged me out both times for some reason. In short I personally would toss him without an eviction and tell him to either kick rocks or sue me. With the history of police coming to get this guy and the current situation I will take my chances in court with my team of attorneys before I will risk being sued by families for wrongful death. If it was my building I would change the locks board the windows throw up a fake condemnation notice and call it a day. Screw tenants rights in this situation.

  • Real Estate Investor · Lake Worth, FL · Member since 2009 · 263 posts · 92 votes
    11y

    If this is in California you need to contact the lawyer to see what you can do to expedite the eviction and/or provide any relocation assistance.  I just briefed the law but in California if a tenant dies in a rental unit you must disclose to the prospective tenant that the previous tenant died and manner of death for 3 years from the previous tenant's death.

    I don't know about you but I will pay for someone like this to relocate as with this law it could have a serious impact on the ability to rent and ability to cover extended expenses until a tenant is found who is willing to rent a dead guy's apartment.

    Reference "California Civil Code Section 1710.2"

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    11y

    Given this is the Communist State of California ..good luck with this one. I would NOT give neighbors those gifts, that creates even more liability.

  • Investor · Bonita Springs, FL · Member since 2015 · 102 posts · 37 votes
    11y

    I was obviously kidding with regards to giving the neighbors any type of "weapon", however I was not kidding with regards to violating his tenant rights and kicking him out while he is away. As I said I would much rather be sued for violating tenant rights (especially give then background of the situation), than even take the risk of being sued for wrongful death. Either way it isn't a good situation, but given the circumstances I highly doubt he could even afford the cost of the suit. If he was able to somehow sue oh well I will chalk up my attorneys fees as a loss and stick my team on it.

  • Rental Property Investor · Trabuco Canyon, CA · Member since 2014 · 134 posts · 78 votes
    11y

    The guy got out. I tried offering him cash for keys but he refused. The guy is delusional: he thinks he can find himself a job and get current on his rent. Yesterday his 3 day notice expired and we filed with the courts today. There is no expedited procedure and there is no way to get a TRO faster than evicting him. The faster ones are reserved for TRO between family members only. 

    His excuse for what he did was that he was cold and that is why he turned on the gas!!! It is 110F in the desert!!! How can you be cold!! The police seems to buy that because they kept him only for 36 hrs.

    Today he was out of his mind again and the officers only made him take his medications and left without picking him up. 

  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    11y

    As much as I sympathize with you and your other tenants, the man clearly needs help and isn't getting it in the current situation.  

    Can you find some compassion for this man and maybe contact his family and let them know what's going on?  Sometimes a family member can talk these folks into getting back onto a regular medication schedule, which is really what this guy needs.  I'm sure you don't want to get stuck in the middle, but it's possible a couple of phone calls could get you a solution to this issue.

    Good luck!

  • Real Estate Investor · Lake Worth, FL · Member since 2009 · 263 posts · 92 votes
    11y

    Linda,

    I wish it was that easy to be able to talk someone on to meds.  I've read some studies from Jeffrey Swanson "Professor in Psychiatry and Behavioral Sciences" Duke University and each person's case is different and they respond to treatments differently.

    Treating someone requires a professional evaluation and if all they prescribed was a pill then it is likely the treatment will fail.  One of Mr. Swanson's papers discusses how it is more cost effective to provide subsidized housing, disability income, and outpatient mental health care then it is for them to spend 95 days in jail.

    Maybe if Bobby wants to help he can ask the police what services are available for this individual and try to fast track the treatment before this person reaches Stage 4 and something unthinkable happens.

  • Investor · Boston, MA · Member since 2015 · 398 posts · 147 votes
    11y

    He's playing the game, in CA I hear there are more rights for tenants, the longer he is in the apartment the worse it is for you.  I'd get him out ASAP, I can't say how I'd do it though.  Good luck.

  • Rental Property Investor · Trabuco Canyon, CA · Member since 2014 · 134 posts · 78 votes
    11y

    Today the guy got drunk or on drugs and went through the parking wall. The backed up and broke another wall with a cast iron gate. After that he took off with his car. The police arrested him 3 hours later about a mile away. I hope the police keep him until my eviction process is done.

    Without been a lawyer I can count: DUI, hit-n-run plus attempted murder. But in the communist California this is not a reason to keep him where he cannot hurt himself and others. 

    I asked the previous manager to reach to his family and it turns out his brother has a restraining order against him. Go figure.

    People like this really make your life interesting :) 

  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    11y

    When you inherited this tenant, did he have a written lease? If so, how much longer was that lease for?

    If it was just a verbal lease, couldn't you give his 30 day notice to vacate (along with continuing your eviction proceedings)?

  • Rental Property Investor · Trabuco Canyon, CA · Member since 2014 · 134 posts · 78 votes
    11y

    He has one year lease contract but he failed to pay his rent for this month so I am in my second week of evicting him. My eviction documents are [stuck] in the courts since last Wednesday. He is currently in police custody for breaking 2 retaining walls at my apartment complex and running away (DUI, Hit-n-run, attempted murder, etc.) I have an over $500 bill just from his last event two days ago. I hope they keep him in for more than 36 hours this time.

    When it rains it pours with this guy.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y

    How old is the tenant? Does he have a known disability and/or is receiving SSDI? He may fall under adult protective services. If so, they should be contacted immediately. Is he a veteran?  If so, there are non-profits that might be willing to intervene.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y

    I'm thinking you need some eviction help.  You don't serve quit or pay notices to terminate tenancy and vacate property.  You serve 30 or 60 day notices.  

    Removing a non-paying tenant is not difficult in CA.  However, if your tenant pays or a mental health agency intervenes and pays for him, you've set yourself back days or weeks. If your tenant is living without power he is in violation of code. You can serve a fix or quit notice for that as well.

    Get yourself some legal help asap. 

  • Investor · Socal · Member since 2015 · 222 posts · 34 votes
    11y

    Accelerated Eviction?

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