Violent Tenant and Neighbor Conflict

[Amy E.]

I've had several complaints from neighbors about one of my rentals in GA, which has a Section 8 tenant.  The tenants pay rent on time and treat the property at the minimum acceptable level.  They punched a hole in a door, which they paid for.  They punched a hole in a wall, which they repaired themselves.  The house is filthy, but there's not junk/garbage lying around (it just needs a good scrub).  That said, I've had worse tenants and if these were the only issues I would not terminate the lease.

However, there have been three separate domestic violence incidents on the property in the last year, and arrests have been made. None of the people arrested are on my lease.  The last time it happened, the guy that got arrested made verbal threats to the neighbor, and now the neighbors are calling me because they are scared to go outside in their own neighborhood.  The neighbor claims tenant is smoking weed as well.  I've personally not witnessed anything negative with respect to the tenant.

I want to be a good landlord neighbor, but I want to be fair to the tenant, too.  They've damaged the property, but have fixed it.  They pay their rent.  That said, their lease expired in April and we are now month-to-month.  My lease states either party can terminate the lease during the month-to-month status with the appropriate notice.

Legally, I can terminate the lease (it'd be a hassle with Section 8, but it can be done) but I'm not sure if I actually should or not.  Turnover costs are a bit high in my area, which is another factor.   But I feel like the situation with the neighbor is only going to escalate and I had hoped to keep this property for another decade.  

I have not talked to the tenant yet.  Any tips or recommendations for how to proceed?

[Marcia Maynard]

You need to have a good rental agreement in place and you need to enforce it. These actions of your tenant should not be acceptable to you! 

If you do nothing, the unrest will continue. You are putting both the neighbors and local law enforcement in a difficult position. The neighbors reached out to you with the expectation that you would not condone this tenant's behavior and would do something to curtail it.

It you do nothing, the value of your property will decrease. Your tenants are slowly destroying your property and your reputation in the community. They are putting you at risk too. If you don't do your due diligence in tenant selection and address issues as they arise, you may be held liable for the fallout.  It appears you have a tenant who has a violent nature and they invite other people to the property who have a violent nature. What are you thinking!

Whether the tenant pays rent on time or not is not relevant. Whether the tenant is on the Section 8 program or not, is immaterial. In the brief description you have given, it is obvious this tenant is most likely violating numerous terms of your rental agreement. As any standard rental agreement will have clauses about how the tenants should take care of the property; responsibility for the actions of guests and invitees of the tenant; smoking; use of controlled substances and drugs; property damage and peaceful enjoyment of home for the tenant and for the neighbors.

The first thing I would do is thank the neighbors for sharing their concern and that you will look into the matter. One of the greatest things a landlord can hope for are concerned neighbors who will keep an eye out for unusual and dangerous situations that could arise and notify you of problems that are brewing.

The second thing I would do is call for a maintenance inspection of the property, with proper legal notice. While visiting the property, I would use my scoping skills to keep attentive to any lease violations that may be occurring. Bring a camera to document problems. Ask the tenant about things in need of maintenance and repair, as well as any damages of which they are aware. Charge for damages as you become aware of them.

The third thing I would do is have a sit down, face to face meeting with the tenant. During this meeting I would review the terms of the rental agreement and discuss any known violations of the rental agreement that have occurred during their tenancy.  You may be able to save the tenancy or you may not.

When the situation approaches the level of unacceptability, as it seems it has in your case, I would engage the tenant in a discussion about how this is not working out and it's time to talk about a move-out plan. In a BP Podcast #83, I share some of our tips and strategies when faced with difficult tenants and difficult conversations, so you may want to take a listen to that. Bottom line... it's all about choice and consequences. Do what you need to do. If you can get the tenant to move out on their own instead of going through an eviction through the courts, it will be better for all parties concerned. Your goal at this juncture should be for them to move quickly and to mitigate damages. Prepare to serve the tenant with a Notice to Terminate (or the equivalent in your jurisdiction) and also contact the Section 8 case manager to make sure you do things in proper order for their needs as well.

The turnover you face now won't be easy and will most likely be costly. Tenancies that go south often cost more. You'll need to turnaround that unit and also turnabout the impression the local community has of you and your rentals.

Last thought, thank the law enforcement officers in your community and consider taking any classes that law enforcement may have available for landlords. You should be aiming for doing what you can to make the community more safe. One great concept you may want to explore, especially if your rentals are in a rough area of town, is CPTED.... Crime Prevention Through Environmental Design.... read about it and adopt some of the strategies that will make the neighborhood more safe.

Good luck!