New Jersey: My tenant has mental illness and is causing problems for my other tenants

New Jersey: My tenant has mental illness and is causing problems for my other tenants

Member since 2018 · 66 posts · 14 votes

Good afternoon, everyone.

I have a tenant (under the age of 21) who is the daughter of a family who rents from my rental property. I believe she may have a mental illness based on what I am about to tell you, so with this being said, the description of her violations is as follows:

It all began when a tenant from the 2nd-floor unit of my apartment sent me a picture of the apartment's front door lock. The lock was somehow busted wide open, which made me think that a break-in had occurred. I called the mother renting the 1st-floor unit to know what was going on, and she reassured me that her daughter – in her manic episode – was the one who broke the lock on the front door. (The lock had long since been repaired by the father.) This predicament was the first time I've heard the mother tell me over the phone that her daughter has "mental issues".

A few months later, a tenant living in the 2nd-floor unit was reporting "loud banging noises and screaming" coming from the 1st-floor unit. The loud banging sounds can be heard and felt from the 2nd-floor tenant's bedroom, as evidence of his stuff on the shelf shaking from the vibrations. I immediately contacted the mother to know what was going on (again), and she explained to me that she was on her way back to the apartment to check up on her daughter, who was the source of all the commotion.

The loud banging and screaming incidents have occurred on three separate occasions and during the day, so I can't issue a warning to the 1st-floor tenants for violating the township's noise ordinance. At this point, the mother's description of her daughter having "mental issues" has to be taken very seriously, especially since I learned today from my 2nd-floor tenant that, one on occasion, an ambulance visited my rental property, picked up the daughter, and returned her either later that day or the following day.

I understand that this is a very delicate situation. I wouldn't want the police to be involved in this matter, but if someone were to get hurt by the daughter, I would be left with no other choice. I have reached out to my attorney about this, but he hasn't gotten back to me yet, and I don't want to wait any longer for this problem to continue. Any legal advice on how to navigate through this ordeal is very much welcomed and appreciated. Thank you.

0Reply
88 views

Most Popular Reply

Investor · Hillsboro, OR · Member since 2016 · 310 posts · 153 votes
2y

I worked for a lawyer and have seen some of these situations.  There are no winners.  The family is in Hell.  Absolute Hell.  Many times, there are no symptoms of mental illness until the child is an adult 18 - 25.  They have raised "normal, happy" children and do not see this coming. The future they have predicted for their family is blown up and probably won't get better.  For many people, these episodes are a way of life. ( There but for the Grace of God, go I.)

Absolutely, speak with your lawyer and follow that advice.  I am not giving you legal advice.

The police and emergency services will be involved.  You want them to be involved because that could be the only route where she gets help.

As she is over the age of 18, nobody can make her go to a Dr, get a diagnosis, take meds or go to therapy.  When she is having an episode, if she is a danger to herself or others, the police can take her to the hospital for a 3 day lockdown.  Hopefully, the patient can be stabilized a bit.  It is possible, but not guaranteed, that the hospital will be able to keep patient for a week.  To do this, the hospital is hiring lawyers and going to the courts for emergency orders.  Hopefully, while in hospital, someone will be able to convince patient to go into a treatment program.  If the patient chooses to not seek care, there is nothing anyone can do.  Generally, this whole cycle will repeat. This can go on for years.  ( This is a negative aspect of having civil rights.)

I'm not giving legal advice.  If it were me, I would consider reaching out to local police via non emergency phone. Simply, tell them that you are the owner of the property at this address and there have been some calls for emergency service. Tell them that you know this is a private family matter for them to handle.  Ask if, as the owner of the property, there is anything you can do to help them?  They will probably say No.  But, you will have established a connection that may be useful later. They should have your contact info, just in case.  This is a 3 min phone call.  They will not give you much info about what is happening so don't ask. 

If it were me, I would pay them to leave.  Tell the parents that you are getting complaints, etc.  Would they be better off with out shared walls?  If they would move, I would give them every dime of their deposit, kick in another $1,000 and pay for the moving van.  

See this reply in the discussion

9 Replies

Jump to latestLatest
  • Investor · Hillsboro, OR · Member since 2016 · 310 posts · 153 votes
    2y

    I worked for a lawyer and have seen some of these situations.  There are no winners.  The family is in Hell.  Absolute Hell.  Many times, there are no symptoms of mental illness until the child is an adult 18 - 25.  They have raised "normal, happy" children and do not see this coming. The future they have predicted for their family is blown up and probably won't get better.  For many people, these episodes are a way of life. ( There but for the Grace of God, go I.)

    Absolutely, speak with your lawyer and follow that advice.  I am not giving you legal advice.

    The police and emergency services will be involved.  You want them to be involved because that could be the only route where she gets help.

    As she is over the age of 18, nobody can make her go to a Dr, get a diagnosis, take meds or go to therapy.  When she is having an episode, if she is a danger to herself or others, the police can take her to the hospital for a 3 day lockdown.  Hopefully, the patient can be stabilized a bit.  It is possible, but not guaranteed, that the hospital will be able to keep patient for a week.  To do this, the hospital is hiring lawyers and going to the courts for emergency orders.  Hopefully, while in hospital, someone will be able to convince patient to go into a treatment program.  If the patient chooses to not seek care, there is nothing anyone can do.  Generally, this whole cycle will repeat. This can go on for years.  ( This is a negative aspect of having civil rights.)

    I'm not giving legal advice.  If it were me, I would consider reaching out to local police via non emergency phone. Simply, tell them that you are the owner of the property at this address and there have been some calls for emergency service. Tell them that you know this is a private family matter for them to handle.  Ask if, as the owner of the property, there is anything you can do to help them?  They will probably say No.  But, you will have established a connection that may be useful later. They should have your contact info, just in case.  This is a 3 min phone call.  They will not give you much info about what is happening so don't ask. 

    If it were me, I would pay them to leave.  Tell the parents that you are getting complaints, etc.  Would they be better off with out shared walls?  If they would move, I would give them every dime of their deposit, kick in another $1,000 and pay for the moving van.  

  • Rental Property Investor · Member since 2019 · 411 posts · 148 votes
    2y

    @Nicholas Jose you will need to tread very lightly on this. Definitely get in touch with an attorney who deals with evictions and evictions only in your local market. Document everything that has happened, get police records if possible. You are likely going to have to navigate fair housing laws and follow a long, drawn out process to get this family removed. It's possible you can do cash for keys but it's not a guarantee that will work

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Nicholas Jose  some areas also have emergency mental health numbers to call for a response.  I mention this because the police may not.  In one area they would send a mental health professional to assist police who don't always use the right technique to deescalate these situations.  Also consult a lawyer.  A single family unit or townhouse where walls are not shared might be better and I would only offer to pay them to leave on a lawyers advice.

    This person is interfering with other tenants quiet enjoyment which they aren't entitled to do regardless of mental health issues but how you enforce that is something to talk with a lawyer about. 

  • Real Estate Agent · Marion, IN · Member since 2019 · 134 posts · 67 votes
    2y

    There are some great suggestions here, and the situation you're facing is undoubtedly challenging for everyone. While this is not legal advice, it might be worthwhile for your lawyer to explore your neighboring tenant's "right to quiet enjoyment" and assess whether their actions are technically infringing on that. I agree that if an amicable resolution is possible, such as offering a cash settlement or mutually agreeing to terminate the lease without incurring any early termination fees, it would likely be the best outcome for everyone. Given the nature of living in a multi-family residence, it seems like an unsustainable situation for her tenancy to continue. If a resolution is not possible through negotiation, it's crucial to continue pursuing your lawyer (or another) to ensure you follow the proper legal processes in your area.

    From an outside perspective, I do want to applaud you for the thoughtful approach you've taken. 

  • Member since 2018 · 66 posts · 14 votes
    2y
    Quote from @Jonah Hartsburg:

    While this is not legal advice, it might be worthwhile for your lawyer to explore your neighboring tenant's "right to quiet enjoyment" and assess whether their actions are technically infringing on that.

    On my Lease Agreement with my 1st-floor tenants, my Quiet Enjoyment section states that:

    "The Tenant may occupy the Property without interference, subject to the Tenant’s compliance with the Terms of this Lease. The Tenant further agrees to abide by any and all local, county, and state noise ordinances."

    From my POV, I would say that the 1st-floor tenants are breaching the Lease Agreement by not controlling their daughter, but I'm still waiting for my attorney to get back two me. The holidays are upon us, so it might take a while before he messages me again.

    In the meantime, I'm considering writing a "1st warning" letter to the 1st-floor tenants so that they could get their act together as quickly as possible.

  • Real Estate Agent · Marion, IN · Member since 2019 · 134 posts · 67 votes
    2y
    Quote from @Nicholas Jose:
    Quote from @Jonah Hartsburg:

    While this is not legal advice, it might be worthwhile for your lawyer to explore your neighboring tenant's "right to quiet enjoyment" and assess whether their actions are technically infringing on that.

    On my Lease Agreement with my 1st-floor tenants, my Quiet Enjoyment section states that:

    "The Tenant may occupy the Property without interference, subject to the Tenant’s compliance with the Terms of this Lease. The Tenant further agrees to abide by any and all local, county, and state noise ordinances."

    From my POV, I would say that the 1st-floor tenants are breaching the Lease Agreement by not controlling their daughter, but I'm still waiting for my attorney to get back two me. The holidays are upon us, so it might take a while before he messages me again.

    In the meantime, I'm considering writing a "1st warning" letter to the 1st-floor tenants so that they could get their act together as quickly as possible.


    Perfect. Most leases I've seen in my state include the right to quiet enjoyment clause, and I think it's commonly overlooked until something like this happens. 

    I've run into this scenario a handful of times, whether residents are simply causing a raucous or it's mental health related. I've requested neighboring tenants who reported the disturbance to record the noise for additional documentation in case it needed to be presented in court. 
  • Member since 2018 · 66 posts · 14 votes
    2y
    Quote from @Joseph Guzzardi Jr:

    @Nicholas Jose Definitely get in touch with an attorney who deals with evictions and evictions only in your local market. Document everything that has happened, get police records if possible. You are likely going to have to navigate fair housing laws and follow a long, drawn out process to get this family removed. It's possible you can do cash for keys but it's not a guarantee that will work

    I wouldn't necessarily want to evict the entire family, only the daughter (who is in obvious need to be committed to a mental facility). The 1st-floor tenants have never been late for paying rent and have signed their new Lease Agreements despite the increase in rent, which is nice. Plus, they have gone so far as to change the old washer and dryer (that already came with the rental property) for new ones, so the cash-for-keys option is out.

    Plus, NJ is a tenant-friendly state, so I'd rather not go through the painfully-long eviction process.
  • Rental Property Investor · Member since 2019 · 411 posts · 148 votes
    2y

    @Nicholas Jose you will have to consult with your attorney regarding the current lease. I hope the daughter who is causing the trouble is in the lease. I am not an attorney but it looks like you are going to be dealing with this for quite some time one way or another unfortunately. If you need any other guidance or vendors/attorneys I'm happy to help

  • Member since 2018 · 66 posts · 14 votes
    2y
    Quote from @Joseph Guzzardi Jr:

    @Nicholas Jose I hope the daughter who is causing the trouble is in the lease.

    She is on the Lease. Under the "OTHER LEASE PROVISIONS, IF ANY" section, it states:

    "Tenants confirm that the occupants of the apartment shall be the tenants, [Father's name] and [Mother's name], and their xx-year-old daughter, [Daughter's name]."

    Since my current attorney is taking forever to email me back, I'd like to know if there are any reputable attorneys in NJ knowledgeable in dealing with mental health that I can reach out to. It may be appropriate to contact me via DM, though.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.