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All Forum Posts by: Larry Asiak

Larry Asiak has started 5 posts and replied 17 times.

Post: Tenant Domestic Violence Issue

Larry AsiakPosted
  • Investor
  • Chicago, IL
  • Posts 17
  • Votes 2

So half a year later the drama thickens...  I ended up allowing him to stay at the place.   The first 3 months he paid rent on time without a  problem.    My friend at one point went in the house to inspect the hvac filter and said the house looked good.   I checked it from the outside - all good.   So on the 4th month he was a little late in paying the rent but he paid a week late including late fees and paid the 5th month upfront.    Now it is the 6 month since the domestic violence report and split.   She moved back in at least once from what I understand.   I get the impression she isn't there now though.  It's the 8th of the month so he is late on rent.    Last thursday I contacted him about it and he said he would have it on Friday.   Friday nothing.   Nothing until Monday when after 3 texts he says he was arrested and his bail took his rent money.   He says he will pay me ASAP, and says maybe even two months upfront like last time.   The thing is 

1) I looked on the county web-site and his arrest is for gun posession

2) The lease officially ends 8/1 and I don't think he realizes this whatsoever and we haven't talked about it.

What to do, what to do.    What does the Bigger Pockets community think? :)

Post: Tenant Domestic Violence Issue

Larry AsiakPosted
  • Investor
  • Chicago, IL
  • Posts 17
  • Votes 2

One last thought.   She is putting a little bit of an emphasis on the fact that she doesn't want to feel financially obligated to stay there because this is a bad situation for her.    Unfortunately as others have said, this isn't so much my problem.   Of course I feel horrible for her and wish her to get out of this relationship ASAP.   However I will suggest to her that as she told me "he can pay for the place himself no problem", then there will be nothing to come back to her financially.   I will also advise her that if she is considered that there might be problems in the future that her best bet is to report the incident to the authorities and having that on file will help her join responsibility.

Also as everyone has said, I'm just a small time private investor.   It will most likely never be worth it for me to pursue someone for unpaid rent because of the costs of doing so.   So a lot of this is just symantics and avoiding making an emotional decesion.   My focus has to continue to be to just get the rent and maintain a friendly relationship with the tenants.   Which includes not taking sides, but just listening to stories.   

Post: Tenant Domestic Violence Issue

Larry AsiakPosted
  • Investor
  • Chicago, IL
  • Posts 17
  • Votes 2
Thanks everyone for your responses and concern!

I think Darrin Carey is right there are probably scenarios here.   I don't want to speculate on what's going on domestically, and I must consider how this plays out.

I plan to call her and ask her, if she has moved out, if not then when she plans to.  Because as a landlord, that's my interest, and she has told me she wants to leave.   Of course I will tell her that what she has told me (being badly beaten) sounds horrible and I understand any decesion she needs to make.   That doesn't mean the lease is necessarily absolved for her.   I don't see her staying as she doesn't have the income and her text explicity said she needs to get out of there.  I hope she does.
If I feel it is relevant to the discussion of who is staying and who is paying the rent (i.e. she sounds unsure what she plans to do) I might ask if she has filed a report with the police.     As others have said I can't kick him out based on what she has told me.   I still need to review the lease for a violence clause.   I figure the three possible outcomes are

1) they both stay
2) that she moves out, he stays
3) they both move out

Possible complication being that he stays, she moves out and he doesn't pay.   That's just the usual hassle of being a landlord.   

Since Ohio doesn't have specifications about this scenario on the books yet, I think it best my approach be about who is living at the house and subsequently who is paying me the rent.   

I also always say all decesions need to be reviewed withy my business parteners (somewhat of a falsification), but always gives me leeway to work with making decesions.

Any more input or responses is of course appreciated.

Thanks everyone!
Larry


Originally posted by @Darrin Carey:

The Ohio Domestic abuse law has not been passed yet, so there are no limits or guidance there. Be careful about making tenant problems your problem.

Since they both signed the lease, they are both financially responsible. I see three options.

  • If she moves out, and he continues to pay, then no issue.
  • If he can qualify on his own, you can do a new lease just with him (9 or 12 months), and release both of them from the previous lease.
  • If she gets a Protection Order from the court, she stays, and he is essentially evicted, but he is still on the hook for the lease payments if she doesn't pay.

I would absolutely NOT start an eviction based on what you have right now.

Post: Tenant Domestic Violence Issue

Larry AsiakPosted
  • Investor
  • Chicago, IL
  • Posts 17
  • Votes 2

here is a house bill in Ohio for this very issue:

http://www.ohiohouse.gov/anne-gonzales/press/ohio-...

As far as I can tell it hasn't been passed into law, I could be wrong.

Post: Tenant Domestic Violence Issue

Larry AsiakPosted
  • Investor
  • Chicago, IL
  • Posts 17
  • Votes 2

thanks for response Andrew S.    I agree with what you are saying.    However Right now Im looking for an appropriate response to her plee to be removed from her obligations to the lease.   Are you saying I should advise her that her responsibility to the lease shouldnt hold her there, however its not alterable?

Post: Tenant Domestic Violence Issue

Larry AsiakPosted
  • Investor
  • Chicago, IL
  • Posts 17
  • Votes 2

Thanks for responses.   according to this there is no clause for tenants and domestic violence in ohio:

http://www.nolo.com/legal-encyclopedia/ohio-state-...

Im not happy about the idea of having him stay either.    

Post: Tenant Domestic Violence Issue

Larry AsiakPosted
  • Investor
  • Chicago, IL
  • Posts 17
  • Votes 2

Hello all, firstly wanted to thank you for this great resource.   I have been lurking here for a few years, and there is such a wealth of knowledge on this site!   

I am renting out a place in Columbus, Ohio. I have rented it two a newly married couple and this is the third month of their 1 year lease.  My communication has all been with her, and I only met him briefly when he signed the lease.  

All seemed well until this morning when I got a text from her that he has beaten her really badly and she needs to get away from him.   She wants to know if she can leave the lease without financial responsibility.    She insists he has plenty of income to pay for the place himself.   

I haven't responded yet, as Im not sure what the best answer is.   Of course I don't want to feel like I am keeping her there, in obviously such a horrible situaton.    

How would you experienced landlords handle this?