Meth, Domestic Violince and a Cash for Keys Buyout

[Steven Luttman]

Hi all,

I'm sharing this story in hopes others can learn from what I found to be a tough (and at times incredibly uncomfortable) situation, as well as looking for any insights as to how I could have handled this differently. 

After clearing the background check a young family moved into an apartment I had available in Saratoga County, NY. No less than a month into the tenancy I started receiving messages that cops were on sight responding to domestic violence calls. Fast forward a few months and rent payments had gone from late to non existent.

Upon stopping over one afternoon I came across the tenants in a screaming match with family members with accusations being made of methamphetamine use and threats to call CPS. Peering into the apartment it was clear holes had been punched into the walls. Briefly speaking with the tenants it became evident they had developed a substantial drug habit. After another violent episode the wife decided to leave and the male abandoned the apartment. Through persistent phone calls/texts I was able to track them down individually. An agreement was reached that in exchange for the keys I would not pursue past rent nor damage to the property and would provide some cash.

Past due rent (2.5 months): $2,200.00
Cash for Keys: $400.00
Clean out: $375.00
Damage repair: $480.00

When added all up its a fairly large dollar amount I'll be forced to eat. However, the apartment has been secured and will be rented for October 1st. Given the New York state moratorium on evictions do you see a better way this could have been resolved? Perhaps a more important question, what duty do we as landlords have to protect our tenants from other members of their household? Would you contact social services if you feared drug use/violence around children? When asking a tenant to leave should it be our responsibility to have a place for them to go?       

[Angela Smith]

I don't know about your state, buy in mine an individual has an obligation to report if they are aware of domestic violence and/or drug use happening in the presence of minors.  It's about protecting the kids.  It is included as a mandatory reporting law.  This is because witnessing domestic violence IS considered child abuse in that it results in significant emotional consequences.