Investor · Mesa, AZ · Member since 2014 · 176 posts · 54 votes
So really long story short. Things are apparently not going so well in the home. BF calls me this morning saying his GF has gone crazy and he's going to the court to file an order of protection and he was just calling to let me know. GF calls me a couple hours later saying BF has gone crazy, that the cops have thrown her out and that the BF changed the locks, that she's on the lease and he doesn't have the right and that she's headed to the court house. They do have a somewhat weird relationship where everything is split down the middle even though they have been together over 10 years. She's on SS and he has a decent job as a machinist.
My question is/are:
I'm assuming if things go south I can't hold her to the lease agreement because she was legally removed by law enforcement? Is there any precautions I should be taking? I've never been in a situation like this.
She is legally responsible for the lease as well until the lease is terminated.
It would be the same if there were no police involved. Boyfriend and girlfriend get into a fight. Boyfriend kicks the girlfriend out. Legally she has rights to the apartment until the lease expires. (Same with just plain ol' room mates.)
The decision is this. Police removed her from the premises, reasons for you to terminate her tenancy with you and reason to draw up a new lease agreement with just the boyfriend.
Normally you would have to give a notice to terminate the other tenant, but in this case she was legally removed by the police. If she tries to contest it in court, you have the evidence that she was removed by police which is a reason for terminating her lease with out the normal notice.
But the laws change from state to state so it is always best to seek legal advice.
I guess everything is still up in the air but it sounds like the GF won't be coming back. She is contesting the protection order. Assuming everything goes through and I want him to stay. Could I terminate the lease with her and renew a lease with him? Would the deposit originally paid rollover or could the GF contest and say she paid half, etc?
I definitely need to get over there and inspect the property as the accusations are flying. She called and left a very emotional VM after their initial court hearing accusing him of destroying the house, etc.... Ahh the joys of landlording.
I would definitely get over there and get a key if those locks have been changed.
You consider going through a mediation, very simple process that would leave the court out of it and then they would both be bound by whatever agreement is come to. Mediation is voluntary though so they would both have to be up to it. Sounds to me like the BF is rational thinking individual and would be up for it. The GF would have to think about either going to court and dealing with her portion of the lease agreement for breach of contract, or she could go to mediation and work it all out.
Cool thing about mediation is that it is completely confidential. That way your name, business, or property is not being dragged through the mud while the problem really lies with the tenants.
It is absolutely unacceptable for a tenant to change the locks. I would start eviction proceedings immediately. Don't even try to figure out anything out about the he said she said. I would get them out and get rid of this headache asap.
It is absolutely unacceptable for a tenant to change the locks. I would start eviction proceedings immediately. Don't even try to figure out anything out about the he said she said. I would get them out and get rid of this headache asap.
Would your perspective on the locks be different if the genders were reversed?
Nothing in the OP suggests that the landlord did not know of or even approve the locks being changed.
... Assuming everything goes through and I want him to stay. Could I terminate the lease with her and renew a lease with him? ...
There will always be excess drama with either of these two - so you should reconsider that line of thinking. Both should go to solve this trouble.
Sorry, but I cannot agree. Not without Casey checking with his lawyer first. With an active order of protection, in many states the remaining tenant would be subject to protections as a victim of domestic violence.
Business is business. Forget the drama. Who is on the lease? That is all you have to be concerned about. Has the lease been broken by the changing of the locks. If so, look to the lease for what it says in these situations of changing the locks. If the property is not made whole then begin eviction. (I would go knock on the door just to take a quick look at the property condition anyway.)