How to End Contract of Tenant Who Has Mental Disorder

Question

Recently, I just bought a triplex in Tempe, AZ. All tenants are on month-to-month lease. In order to do a major repair to the sewer line and electrical panels, I decided to end leases to all tenants in 30 days. I dropped new-owner notices and 30-day lease termination notices at the entry doors of all tenants.

However, one tenant does not have a job, cell phone, nor electricity. His mom is co-signing the lease for him (but living in a different state and paying for his rent) and said he has mental disorder. She advised me to call Crisis 7 to help him find a new home (I'm not sure what it is). His door is always closed. I tried knocking the door to make sure that received the notice but he never answered.

We still have 30 more day to go, but now I am worried about how he will be able to find a new rental in order to move out as he seems to have so many issues.

I am not sure what I should prepare at this moment.

Ryan Swan · Answer

Tread carefully and make sure you follow the proper timeline for notifications. Assuming you sent the non-renewal letters via Certified Mail, then that receipt serves as your record of delivery/notice (even if the tenant claims he never received it) The clock would be ticking from that date of delivery or attempted delivery. Not much else you can do right now except wait and assume the tenant will honor the non-renewal and be out by the specified date. Speak to an attorney regarding possible next steps if the tenant doesn't vacate.

Matthew Paul · Answer

Call the police to do a well check on the tenant .

Report the lack of electric to social services

Tape the notice to the door , take a picture with that days newspaper showing the headline , that helps verify the date .

Also send certified mail

Nathan Gesner · Answer

Even if someone is disabled and protected under Fair Housing, that doesn't mean you have to accept their bad/risky behavior.

Contact the family and ask them for help getting him out. If they refuse, go through the same process you would for any other tenant that violates your lease agreement.

Stone Jin · Answer

Post a 2 day notice to do an inspection and then go inspect and hand him any paperwork at that time if he is there.  Basically follow the landlord tenant act to the T.  You'll likely have to evict and make sure you let the mom know to stop sending payments.  Also it's NOT your problem to find him a new home.

Garrick Oconnell · Answer

@Jay Truong I would speak w/ Denise Holliday in the future her company services most of the investor landlords in the valley and can handle the process from notices and on to eviction if it gets that far. I have not used her but will if I have to from several referrals from local investors.

Garrick Oconnell · Answer

great advice, if you need extra support contact denise holliday and check out her website for AZ specific tenant notices and evictions - doctorevictor

John LaBanca · Answer

Remember that tenants with disabilities may be protected under the fair housing law. I would ignore any concerns you have about mental disabilities and just focus on the tenants' compliance with the contract. Obviously, living without electricity may be hazardous to both the tenant and the property.

To that end, I would NOT contact any mental health services. That's his responsibility, and his family can asssist. If the mother says anything, you can just reply that you will address the issue per the remedies stated in the contract. Since she is a cosigner, I think you should keep her in the loop with any notices.

Do have compassion though. I can't imagine how difficult it is for the mom. You're likely to get much further if you empathize with the mom and explain that you're concerned about the son living without electricity versus trying to attack her parenting.

Dennis M. · Answer

She wants you to call local crisis intervention agencies ? Lol are you his mom now . Post the notice and be ready to go in there and toss the grifter out soon

Thomas S. · Answer

Tell his mom that her son is her problem not yours. Make it clear she needs to get her butt to tawn and help her son.

Don't get involved but make sure she knowes he must be out in 30 days.

Jay Truong · Answer

@Garrick Oconnell Okay. I already paid $60 for the Process Server. I should have contacted her in the first place, but I will keep her contact and contact her in case things do not go as expected in 30 days.

How to End Contract of Tenant Who Has Mental Disorder

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