Investor · Cincinnati, OH · Member since 2015 · 374 posts · 120 votes
I always try to maintain the philosophy that my tenants deserve privacy unless they are damaging the premises and hurting other tenants.
I also have regretted whenever I've stuck my nose past that line and tried to give them advice.
Domestic violence is a tricky one though because they aren't damaging the premises or (usually) disturbing other tenants. In the past month, I've seen:
1. She ran out and told me to call 911. He ran out and grabbed the phone out of her hand. I called 911 and let the police handle it.
2. Different tenants: My employee saw him pull her inside while grabbing her arm and her hair. She said help and he didn't call 911. He didn't hear anything after they went inside. I think they left by the time I heard about it. I don't think I want to talk to him about it.
What's your general philosophy on how to handle this type of stuff??
Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
10y
...and then eviction. This is part of my lease:
It is understood and agreed that a single violation [illegal activity] shall be cause for immediate termination of the Lease and eviction from the premises. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence and upon Landlord’s reasonable suspicion and at Landlord’s sole discretion.
Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
10y
...and then eviction. This is part of my lease:
It is understood and agreed that a single violation [illegal activity] shall be cause for immediate termination of the Lease and eviction from the premises. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence and upon Landlord’s reasonable suspicion and at Landlord’s sole discretion.
Flipper · Hagerstown, MD · Member since 2015 · 51 posts · 16 votes
10y
I agree. Always call the police. Also be careful. Depending on your state and city laws it may be possible to have you rental license pulled if there are to many "qualifying calls". We have a Crime free addendum as well as peace and quiet guidelines in our leases. This allows us to put tenant in breach of lease if we are at risk of having to many of those qualifying calls.
If no calls are being made it is just best to leave well enough alone.
I agree. Always call the police. Also be careful. Depending on your state and city laws it may be possible to have you rental license pulled if there are to many "qualifying calls". We have a Crime free addendum as well as peace and quiet guidelines in our leases. This allows us to put tenant in breach of lease if we are at risk of having to many of those qualifying calls.
If no calls are being made it is just best to leave well enough alone.
Flipper · Hagerstown, MD · Member since 2015 · 51 posts · 16 votes
10y
@Stefan Owechko in the state of Maryland a "qualifying call" is a term the Sheriffs office use the amount of police related calls that qualify towards our count. The count can be used to pull our license to operate rentals.
Investor · Corona, CA · Member since 2014 · 746 posts · 372 votes
10y
I would call the police and report anonymously if you don't want to be involved. It's the police's job to take it from there. However, I wouldn't get involved with talking about it with the tenant directly if at all possible. Ultimately though as a human being, you'd be hopeful for the victim's safety and hope they get out of that situation.
Realtor · Fresno, CA · Member since 2013 · 471 posts · 225 votes
10y
slightly off topic . in Hawaii, while on vacation we heard some loud yelling and and what sounded like a lot of domestic violence happening - I went outside and was trying to determine the location of it and soon another guy joined me who had also heard it - we discovered the room it was coming from and both approached to ask if everything was ok - a big muscle bound guy answered the door sweating and breathing heavy - he said everything was ok and that him and his girl were just having a disagreement -when asked if she was OK - he said yes - then the guy that was with me asked she could please come outside and confirm to us that she was OK - I was a little taken back by his boldness , but was glad he asked - so she came to the door and confirmed she was OK and didn't need any assistance. A few hours later the couple showed up at our door and thanked us for intervening before things got too out of hand. They talked to us about how they met and why things were getting tense - it was a very interesting experience - I don't usually get involved in other people business either - but sometimes , you're in a position where you feel like you have a moral obligation to say or do something - if we called the police I don't know how long it would have taken them to get there - but it seemed like something that couldn't be ignored at the time. In the end I felt good that we stopped further violence ( at least for that day) and maybe even made the guy think a little - hard to say what ever happened to the couple or how they turned out - if they were tenants of mine, I probably still would have approached them - if nothing more than to prevent someone from a continued beating if possible.
It is understood and agreed that a single violation [illegal activity] shall be cause for immediate termination of the Lease and eviction from the premises. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence and upon Landlord’s reasonable suspicion and at Landlord’s sole discretion.
I like this verbiage. Have you had a lawyer look at it in the case a tenant challenges that clause during an eviction? Is reasonable suspicion sufficiently rigorous to justify an eviction with this clause even without a police report?
Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
10y
Hi @David M. I did have an attorney here in CO review the lease and he had no issue with that section. I have never needed to use it so I can't guarantee that it would stand up in court. I screen my tenants pretty thoroughly and so far have had no issues, but often that kind of abuse isn't visible right away. I hope never to have to deal with it. Having grown up in an abusive home, I would call the police and evict immediately.