Tenants with legal drama, liability and how to handle.

St. Louis, Missouri
General Landlording & Rental Properties
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Tenants with legal drama, liability and how to handle.

Lauren Zehara
Member since 2019 · 2 posts · 0 votes

I recently bought a duplex that had tenants with leases already in place.

I'm having trouble with one of the tenants. His girlfriend is living with him - she is not on the lease but she was there when I bought the building. Her ex is claiming that she has kidnapped their 15-year-old son and is hiding him in my unit. Both my tenant and this ex have messaged me this morning - the police are involved. 

My tenant claims that the sun is not in the building And that his mother doesn't know anything about his disappearance.

The ex-husband left a message implying that I may be subject to kidnapping charges because I own the building.

Clearly I'm within my rights to a victim just for having her there when she's not on the lease. But I am curious what my liability is, and what more experienced landlords would do in this situation.

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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
4y

In most places, if you fail to take action to remove an unauthorized guest, they become a technical tenant regardless of what the lease says. Basically, if you don't enforce the lease when you learn of the violation, don't expect a court to enforce it later on. I suspect the girlfriend has full tenant rights.

As for you being subject to kidnapping charges, that is laughable. They really should teach basic law in high school. You have no knowledge of the legal situation (who has custody, etc) and you are not actively assisting. Tell the ex-husband to call 911 if there is an emergency, but you aren't getting involved. Block their number.

Don't get involved. Let the police handle it. 

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    4y

    @Lauren Zehara You just purchased the property, I would not be too concerned about this. 

    What I would do is give your actual tenant a 7 (seven) day notice with opportunity to cure for unauthorized occupant, he is in violation of his lease agreement. Look up what your states requirements are for lease violations (ours here in Florida is 7 days). After seven days, if he still has the unauthorized occupant, then give him the 7 day notice of non compliance without opportunity to cure. Again, not sure what your lease spells out or what your states statutes say either. I am not an attorney, nor do I play one on TV!

    Hope it all works out. I always swear Im going to write a book one day!

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    If she has the kid, that is the job of the police to figure out and deal with-not you.  You can talk to the police and give them your contact info, but they can access the unit and do what they need to do.

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  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    4y

    In most places, if you fail to take action to remove an unauthorized guest, they become a technical tenant regardless of what the lease says. Basically, if you don't enforce the lease when you learn of the violation, don't expect a court to enforce it later on. I suspect the girlfriend has full tenant rights.

    As for you being subject to kidnapping charges, that is laughable. They really should teach basic law in high school. You have no knowledge of the legal situation (who has custody, etc) and you are not actively assisting. Tell the ex-husband to call 911 if there is an emergency, but you aren't getting involved. Block their number.

    Don't get involved. Let the police handle it. 

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Lauren Zehara:

    I recently bought a duplex that had tenants with leases already in place.

    I'm having trouble with one of the tenants. His girlfriend is living with him - she is not on the lease but she was there when I bought the building. Her ex is claiming that she has kidnapped their 15-year-old son and is hiding him in my unit. Both my tenant and this ex have messaged me this morning - the police are involved. 

    My tenant claims that the sun is not in the building And that his mother doesn't know anything about his disappearance.

    The ex-husband left a message implying that I may be subject to kidnapping charges because I own the building.

    Clearly I'm within my rights to a victim just for having her there when she's not on the lease. But I am curious what my liability is, and what more experienced landlords would do in this situation.

    You can't be held liable for actions taken without your knowledge and/or permission. Did you encourage them to kidnap this child? Did you authorize them to keep a kidnapped child in your apartment building? I didn't think so. Someone's just trying to pressure you into helping them get what they want. Unless you're contacted by the police, stay out of people's personal drama.

    What you should do is give your tenant a Notice of Lease Violation for allowing the girlfriend to live in the unit without your permission. Give him 72 hours to remove her and pass an inspection or face termination.
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  • Matt Guignon
    Real Estate Agent · St. Louis, MO · Member since 2017 · 74 posts · 20 votes
    4y

    I'm sure you've been in touch with your real estate attorney. If not, that would be a worthy next phone call. If you need any real estate lawyer referrals I am always happy to help. Moving forward, tenant placement and EXCELLENT property management will be critical to ensure a profitable investment, can also help with that. I am an active investor in St. Louis too and understand our market. I'd love to connect.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    4y

    @Lauren Zehara given the amount of drama these tenants are causing, best to terminate their lease ASAP. Hire an attorney to do so, to avoid any potenital legal pitfalls.

    Would NOT recommend letting the tenant stay if he moves his girlfriend out - unless you plan on moving into the building, there's no way you can be sure he doesn't move her back in or play other games.

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