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Handling troubled tenant Subscribe to Handling troubled tenant

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Residential Real Estate Agent · buffalo, New York


So i thought i knew how to handle all issues with bad tenants until now.

I need your help on this one guys.

Tenant calls me about noon and tells me that somebody broke in her apartment and that it happened between 10 am and noon and that they broke in using the main front window right on the street,and this is a busy street!.

She called the cops and filed report,i come by, she tells me they took her flat screen tv, jewelry and money.

I come to the conclusion that whoever did it ,knew her somehow.Ok i then go and install two new windows.

Two days later a neighbor calls me and tells me that there is a big fight and i better come fast.

When i get there the next morning i find the door open with a big hole in it, the apartment all a mess and she is nowhere to be found.i was told there was a gang fight ,guys with bats,broken car windshield and all.and that most are in jail.

while im in the apt taking pictures,cleaning the mess and fixing the door she shows up and there i lost it.I told her that she can start packing all her stuff.
Well she goes about she have to get 30 days and all that.I sent her a 30 days notice.

I go there to the basement and find the water running for awhile,she is not home, i go in and the toilet float and handle are both broken and water is just draining non stop.another tenant told me it was like that for about five days.I go there fix that ,she comes home and i try to calmly talk to her.But she is in denial and says im just making up excuses to kick her out.

Now the other tenant calls me and tells me the troubled tenant is throwing a party in the basement tomorrow which goes against my policies.

My questions:

-Will the local police get involved if i tell the story?
-Was she entitled to a 30 days notice?
-Any recommendation on how to deal with this !

And by the way i just got a landlord reference statement to be filled by me as it appears she is looking for a place.

Thanks all in advance


Real Estate Investor · Godley, Texas


First thing is to know what the local and state ordinances are. It probably wouldn't hurt to alert the local authorities that there will be a party at the same location there was a huge fight. They may station a unit or two close by and put a damper on the party.

E-Mail: IBuy@ChargerProperties.com
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Twitter: tuitionsource / I Buy Johnson County


Real Estate Investor · Baltimore, Maryland


I am not sure why you enter the house while she is away
And why do neighbors call you to report a fight, not the police


Residential Real Estate Agent · buffalo, New York


Originally posted by George P.
I am not sure why you enter the house while she is away
And why do neighbors call you to report a fight, not the police

I was in the basement hearing water running for about twenty minutes non stop,i pay the water bill, so went to the door,did knock and no answer ,so was when i decided to go inside.

The police was called before i was called,this neighbor who called me is a respectable senior guy across the street, not my tenant, and all the windows were smashed on a van parked right in front of him.


Residential Real Estate Agent · buffalo, New York


Originally posted by Greg B.
First thing is to know what the local and state ordinances are. It probably wouldn't hurt to alert the local authorities that there will be a party at the same location there was a huge fight. They may station a unit or two close by and put a damper on the party.

Will do tomorrow.Thanks

Has anybody else come across something like this where a tenant been kicked out retaliates with the property while still there???How had you handle it??


Real Estate Investor


How long has this tenant been there? Just moved in?

Go to the PD, ask to speak to the public affairs officer or the precinct captain. Explain your problem.
If there were people arrested, then make sure you get in line for restitution when there cases go to court.
If she is a new tenant, ask the PD about her. She may have passed your background check, but that just means she's never been caught/arrested/etc. She may still be well known to them. Sounds like she's associated in some way with a gang.
Ask what it would take to have your rental declared a nuisance property. It's normally a local municipality thing, not a state law. It basically says the residence is a nuisance due to requiring an unusual amount of police or other services. Here, it's actually the job of the precinct captain to make the call. They can remove her, but it all depends on your local municipality and ordinances.

Let the cops know you want her out, and you want their help. Be the good guy wanting to do the right thing and they should help.

Check with a lawyer about the tenant being a hazard to the property. Note the damages so far and the unreported water. There may be emergency legal actions you can take if you can show that her being there presents an eminent hazard to your property.

Now I'm going to blast you. Don't take it personally.

Know your state and local laws. NEVER listen to the tenant tell you what you have to do! You have to be the authority. Can't let the tenant catch you flat footed or talk you into wasting time doing the wrong thing.

And, that landlord reference thing could be just another stall tactic to make you think that if you do nothing, she might just go away. Don't let that influence you. Act now.

Good luck. It's going to be an expensive lesson in in the value of tenant screening.


Residential Real Estate Agent · buffalo, New York


Thanks a lot for the advice Ralph.

She is been my tenant for about three months,typical young single mother with two jobs.Right there i thought she was just a good young girl who just made a bad mistake,well at that point i was the one who made the mistake.

Just two weeks after she been in the apt ,the boyfriend moves in,then her sister.
A month later , the cops in the apartment and the boyfriend is out.....Right there i knew i made a mistake.....Soon after that the parties with her girlfriends started to annoy the neighbors and tenants...

I will just call it a monetary loss and a valuable learning experience...And this is basically the third young single mother that after doing little screening and following the good heart instinct i realize soon after they moved that i made a mistake.

I found out the hard way that is typical in the area to go renting as a single mother and a week later the boyfriend moves in, or the alcoholic mother,or the date all men in the neighborhood sister...and it could go on and on.

Will update after my talk with PD.

Again thanks to all who helped


Real Estate Lender · Fort Pierce, Florida


If you want to feel good about doing something for those less fortunate, donate or volunteer at a homeless shelter, or animal shelter or at a place of worship.

Owning rental properties is a BUSINESS. The minute you don't treat every aspect of this enterprise as a business is the minute you start losing money ... money to pay your bills and build your future.


BiggerPockets Founder · Denver, Colorado


I once fell victim to the "help the poor single mother" syndrome - and lost a good amount of rent for it. Follow Kevin's advice for sure!

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· Tucson, Arizona


Originally posted by dj0007
She is been my tenant for about three months,typical young single mother with two jobs.Right there i thought she was just a good young girl who just made a bad mistake,well at that point i was the one who made the mistake.

Just two weeks after she been in the apt ,the boyfriend moves in,then her sister.
A month later , the cops in the apartment and the boyfriend is out.....Right there i knew i made a mistake.....Soon after that the parties with her girlfriends started to annoy the neighbors and tenants...

I will just call it a monetary loss and a valuable learning experience...And this is basically the third young single mother that after doing little screening and following the good heart instinct i realize soon after they moved that i made a mistake.

I found out the hard way that is typical in the area to go renting as a single mother and a week later the boyfriend moves in, or the alcoholic mother,or the date all men in the neighborhood sister...and it could go on and on.

Will update after my talk with PD.

Again thanks to all who helped

Okay. I know the advice is, as a GENERAL rule, very sound. SPECIFICALLY, maybe not so. Your good heart IS apt to make judgement errors. but don't let it totally harden you. There ARE exceptions.
Maybe a change in your rental/lease agreement, to limit it to one adult and whatever number of kids the parent has. No guests longer than x days.Maybe other more stringent rules. Just be careful to not violate any laws esp re discrimination. Maybe include some reasons for termination of lease :including but not limited to X neighbor complaints, police calls, whatever...


· Tucson, Arizona


Kevin and Josh (and all the others) are generally correct. There are exceptions.
I am one.


Residential Landlord · Indianapolis, Indiana


You should really read up on the laws in your area. In Indiana, you would not need to give 30 days notice if she had violated the lease in some way (failure to report running water, not reporting crime on the property, participating in crime, etc. if any of those things or anything else she violated is in your lease) You would have to give a cause or quit notice (10 days in Indiana, shorter time almost anywhere else). If she did not correct her behavior (failed to report another crime, maintenance problem, etc.) you would file for eviction after the notice was up.

If it were me, I would give her the 10 day notice and a 30 day notice. That way if there is any difficulty in the eviction process for the cause or quit notice (which I have read there often is since it is not as easy to prove as non-payment of rent) you will still be able to get her out after 30 days (or whatever time period is required by your local laws and/or lease agreement).

You can also check about an immediate possession order. In Indiana, you can file for one if there is evidence to support that the tenant is committing waste (damaging) the property. If there is anything that would show the fight that occurred there or the break in were caused in any way by her I would see if you can get possession that way.

Contact a landlord-tenant lawyer, I don't think it sounds like you have the experience yet to take on this tenant by yourself. Try to stay informed on everything the lawyer does and also read up on all the laws yourself so you will better know what to do if anything like this ever happens in the future.


Residential Real Estate Agent · buffalo, New York


Ok,so i took a trip to the precint,waste of time.
just got as far as the front glass window!,the clerk (Not a cop) pretty much told me there was nothing they could do or nobody i could talk to!.She told me to just wait until monday and go to court where they have this landlord-tenant mediation.

At about 11pm i swing by the property and sure enough the party was on and two police cars were alredy outside.they were already called for the noise.

i go and introduce myself with the cops,it happened that one of them is a landlord himself and he goes on telling me that unfortunatelly the only thing i could do is wear out the 30 days.

As previously assumed,she is well known for the same,he told me about a couple more places where she lived and it was pretty much the same...he said he already spoke to them,they had to lower the noise and that she already knew the drill and was cooperative,he said if noise continues and they are called again is then when they shut the party down.

I believe i should off served her with the 10 days notice instead of the 30 days ,

at this point i belive my options are:

(1) - wait for the remaing of the 30 days wich expire at the end of the month.
(2) - Monday serve her with a 10 days notice due to breaking lease agreement.
(3) - Her rent is due the 15th,late by the 20th.three days notice for non payment could also go out on the 20th as pretty much she wont pay her rent.

Am i correct here and what would be the best route to follow?

Thanks guys for all your sound advices.


Real Estate Investor · North Carolina


With 'iffy' tenants I do a MTM lease. If I don't want them around for any reason I simply give them a week's notice and they must go or I evict.

Get as much Security Deposit as your market will bear to offset these kinds of tenants.

Not only is she screwing you, but so are her previous LLs. You got positive referrals from her previous LLs, right? Then they lied to you. You checked her eviction history, right? Then her previous LLs were too spineless to evict her and now you're the current victim.

Do the LL community a favor and go after her in court to evict and/or for a monetary judgement. I know it can seem a waste of time and money, but your small reward will be in knowing that eventually no decent LL will rent to her.

Good luck and keep us posted.


Real Estate Investor · Indianapolis, Indiana


I would get a police report and use it to file an emergency eviction for destruction to property and that the tenant has made the area dangerous. This has worked for me and I had the tenant out in 5 days.




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