Sticky Situation with relative in a mental facility

Sticky Situation with relative in a mental facility

Member since 2018 · 52 posts · 10 votes

(Location Northern WI)

Niece has been renting from me for a few years. My my sister, (the niece that I am having the issue with) her other daughter and her granddaughter, (the niece that I am having the issue with) live in the duplex. 
The niece I am having the issue with stopped paying rent in September of 2024. She was having mental health issues. I tried to be patient hoping she got help. Things took a turn for the worse 3 weeks ago (March) when she went on a rampage. Was walking around with a hammer yelling at her sister to give her car keys back, broke out her own car window resulting in stitches, broke our the window of the garage mandoor, and then forcefully backed up in the garage knocking the supports out on one side and damaging the garage door. About $1,000K in damages easily. 

After getting a felony eluding officers and fleeing to another state, myself and her sister were able to obtain a court order to have her brought to a hospital for evaluation. She has been in a mental health facility since then and it appears she is not getting out anytime soon.

NOW, prior to that incident, she was moving out the end of March and had a low income apartment lined up. I sent her move out instructions so she understood what was expected. 

I have a new tenant moving in April 1st, new flooring scheduled for April 15th-16th. 

My niece has told her mom numerous times to have me move all her stuff into storage. 

She had a bad day in court today and is angry and threatening to sue everyone. She didn't say  anything like "don't move my stuff!'

She currently owes: $5,475.29 plus damages to the garage 

What can I do to protect myself in this situation in the event it gets very ugly? I really just want to go forward as planned with her moving. I don't mind moving her things and putting in storage. I even have an open storage unit. 

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William WhitleyBusiness Member
Accountant · TN · Member since 2025 · 144 posts · 91 votes
1y

Good morning, Tracie,

My best advice would be to consult with an attorney to make sure you are protected. It is better to be glad you did than wish you had in this situation.

I hope that helps. 

Accountable Balance Bookkeeping, LLC
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  • William WhitleyBusiness Member
    Accountant · TN · Member since 2025 · 144 posts · 91 votes
    1y

    Good morning, Tracie,

    My best advice would be to consult with an attorney to make sure you are protected. It is better to be glad you did than wish you had in this situation.

    I hope that helps. 

    Accountable Balance Bookkeeping, LLC
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y
    Quote from @Tracie Van:

    1. Don't rent to relatives or friends unless you have experience and a solid, professional contract. 

    2. Write up a simple letter that says she gives you permission to place her items in storage. Shen she pays everything she owes, then she can have access to the storage unit to retrieve her items. Take it to the facility and get her to sign it, then move her stuff.

    3. You can declare the property abandoned. Every state has rules about property abandoned in a rental and gives you authority to do something with it. Find out what the law says. This will give you some leverage for getting that letter signed.

    The DIY Landlord Book4.7248 Reviews
  • Real Estate Consultant · Brookings, OR · Member since 2018 · 43 posts · 20 votes
    1y

    I agree with @William Whitley.  The best course of action for you is to hire an attorney to deal with it.  You are treading on thin ice if you follow other advice of confiscating the property/apartment yourself.  If your niece hires her own attorney you might get screwed even further.  Moral of the story:  don't rent to friends or relatives.

  • Member since 2018 · 52 posts · 10 votes
    1y

    Thank you all for the replies. Lesson learned that is for sure. 
    I was able to move her belongings to storage with her assistance and approval. She also accepted the low income apartment. There is still of course the money owed, which I highly doubt I will ever recoup. Even with a court judgement. 

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