Investor · Fort Morgan, CO · Member since 2015 · 40 posts · 9 votes
I could use ideas. Here's the situation: we have a rental house on a month-to-month lease. Both parties - boyfriend/girlfriend - signed the lease. Girlfriend just called to say that her boyfriend is in jail - probably longterm. She is locked out of the house and would like to get back in to get her stuff out. June rent has been paid, amazingly.
We don't have a problem letting the girlfriend back in to get her things out since she's on the lease. She doesn't want to get her boyfriend's stuff out, partly because there's a lot and it's too heavy for her.
Question: Is there anything legally we can do before the end of June, since the rent is paid, to begin to empty the house? Do we have to go through an eviction process?
Thanks for any ideas. This is something new for us. Not sure how to approach it.
Rental Property Investor · Chattanooga, TN · Member since 2017 · 203 posts · 188 votes
7y
I'd offer to pay for movers if she'd move his stuff out with hers. Maybe even offer up some cash towards her renting a storage unit (like offer to pay 1-2 months of storage fees). That'll save you time and money in the long run.
Rental Property Investor · Chattanooga, TN · Member since 2017 · 203 posts · 188 votes
7y
I'd offer to pay for movers if she'd move his stuff out with hers. Maybe even offer up some cash towards her renting a storage unit (like offer to pay 1-2 months of storage fees). That'll save you time and money in the long run.
Investor · Fort Morgan, CO · Member since 2015 · 40 posts · 9 votes
7y
@Theresa Harris Thanks for ideas. We're pursuing some of his family/friends to see if anyone can help move his stuff. I'm not hopeful they will but I could be wrong. We'll definitely find out. I honestly don't know if I can get in contact with him in jail. I'm going to try.
@Heath M. Thanks! This house is in a very small town and there aren't any mover businesses. We might be able to hire an individual to move the stuff or we might have to do it ourselves. Sigh. A question I have on a storage unit is what name to put it in? I don't want to stick the storage company with the stuff but the girlfriend or even the boyfriend's family may not deal with the storage unit.
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
7y
I agree with Heath.
Get the girlfriend to put the storage unit in her and her boyfriend name. Doesnt matter as long as she does this.
You can get some people to move off craigslist or FB marketplace.
Pay her enough to give her incentive to get all the stuff out. I'd even get her to sign something saying that they are moved out and terminating their lease. I dont think I would personally want to be involved in moving the boy friends stuff. Try and arrange it so that you hand the girlfriend money and she pays the moving people so you can say, should it come up, that she moved out and she took everything with her and that she paid the movers and she paid for the storage unit.
@Kathy Brasby I am a newbie and sorry you are going though this does sound like misfortune to have to experience this and I am learning on BiggerPockets everyday and would try to avoid this. I have a question don’t you do a credit check on new tenants before doing business with them and also isn’t this a property managements responsible to of avoided this not so positive situation? I can’t imagine not having a property management on my side. Maybe you didn’t have one. Sorry you are going though this. Yes I would definitely help and get them out or girlfriend out with their stuff like BP recommended GoodLuck.
Rental Property Investor · Chattanooga, TN · Member since 2017 · 203 posts · 188 votes
7y
What @John Underwood said, you do not want the storage unit in your name. Offer her enough to handle payment. But I'd do everything I could to offer her a list of helpers to go with that cash. And signing the lease termination and paperwork saying she took everything is a great idea!
Rental Property Investor · GA · Member since 2018 · 28 posts · 12 votes
7y
Corrections can be a real headache. It will be time consuming trying to get documentation in there for him to sign. Heath and John are giving you great advice hon. Money certainly talks and this will give you a clean slate.
Specialist · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
7y
@Kathy Brasby
I would go thru the eviction process starting with non-payment in July. I am not familiar with the laws where you are.
However a few things you may want to consider. You do not really know the truth of him being in Jail or not. He could be on vacation with his other girlfriend and she is upset. The legal possession of the premises has not been rendered back to you. This as my attorney calls the "Rolex Rule", this is when the tenant claims they had thousands of dollars in jewelry in the property and you cleaned it out and did not have legal possession (not sure what that definition or process is in your area) and now they come after you for this amazing expensive jewelry that is now gone.
I would run. This situation like any tenant. If she is locked out then follow your written process for giving a tenant access. If it's calling a locksmith then do that.
Act as if everything you do, say, type , text has to be explained to a judge in a hearing one day. Not saying anyone is lying but more times then not.. the more I have done favors and helped out someone the more times it comes
Real Estate Agent · New Orleans, LA · Member since 2015 · 145 posts · 127 votes
7y
@Kathy Brasby Maybe I'm missing something here, but if she has paid the rent, then she is probably well within her rights to enter the property. I am not a lawyer, but if I were you, I would tread lightly and consult with a RE attorney as to what you can and cannot do in this situation. In order to evict, you must have grounds to evict. Her boyfriend being in jail is not grounds. Until the rent is not paid or they break a term in the lease, it sounds like you need to let her in and wait him out to see what ultimately happens. In Louisiana, if the tenant defaults, you only need to give them a five day notice. But you have to have a reason such as non-payment of rent. Unfortunately, even when you pretty much know where a situation is going, you have to wait out the process. We've had to wait out some really frustrating situations in order to follow the process.
Investor · Fort Morgan, CO · Member since 2015 · 40 posts · 9 votes
7y
Thank you for great replies. We will definitely be checking out the GF's story. She is locked out in the sense that she doesn't have a key to the house. I think her BF's arrest caught her by surprise. We will be documenting every step of the process. I need to talk to my business partner today to put together a strategy.
Thank you all. Great ideas. I really appreciate your advice.