Paranoid Schizophrenic tenant. NEED to evict but trying to avoid a discrimination suit

Paranoid Schizophrenic tenant. NEED to evict but trying to avoid a discrimination suit

Westminster, CO · Member since 2009 · 8 posts · 0 votes

Hey guys, I own 3 bedroom townhome and rent the rooms out individually. I had been living there up until Dec. and had always had 1 or 2 roommates living with me at any given time for the past 6 years. I've had my share of experiences, both good and bad but since fully moving out of my house things have become nightmarish.

A new guy moved into my master bedroom in Dec. when I left becoming 1 of 3 people living there. Nobody knew anybody else and even though the lease duration was 1 year everybody was fine with that because there was a verbal (learned my lesson there!) agreement that after 3 months they could leave without question or if I wanted, they had to leave. Basically it was just to avoid putting people together for a year if they didn't get along. At the beginning of Jan. the particular tenant here told me via email that he had a microchip implanted in his head and that the other guys in the house were using their computers to torture him, manipulate his dreams and cause him to hallucinate. As a result he was withholding rent, I went to talk to him and couldn't believe the stories I was hearing. This guy is 31, is on full disability and had a 'mental breakdown' 2 years ago according to his mom (contacted her from the background check I ran on him.) I finally coerced him to give me the rent payment only to find out a few weeks later he had placed a stop on the check. His mom had told me in our first conversation she would wire me the money if rent became a problem while I waited for the three month mark to roll around. She came through but things have only escalated with this guy. He appearantly has no history of violence just "a tendency to make people feel uncomfortable" in his mom's words.

Fearing that the three months would come around and that he would refuse to leave I had him sign an intent to vacate form which states that he fully understands the binding nature of the form and that I can commit his room to a new tenant as soon as the day after he vacates. One thing I'm wondering is if he doesn't move out on the 28th, is that form enough to get him out? He sent me an email last night telling me that he KNOWS my house is bugged and wired to monitor him and that he has the right to remove such wires. Would that be enough in the eyes of a judge to evict him since I fear he may cause damage to my property and that way if he doesn't follow the intent to vacate, I'll have the eviction to get him out? I'm really concerned because the other guy there will probably take off if the nut job isn't out very soon. I spoke with his mom the other day and she said he started a new med and it almost sounds like it has made him even more paranoid- he's accusing me of working for the CIA, swears there's someone crawling around in the attic and is adamant even more than ever that the other guy there is attacking him with his computer.

I worry that this guy (who seems to know his stuff with regards to rights) might try to bring a discrimination suit against me. Does it sound like I've got enough on him to get him out pretty easily? Thanks so much for the input everybody!

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  • Manhattan, NY · Member since 2008 · 801 posts · 61 votes
    17y

    I'm not trying to be trite here...

    First, there is no way you can prevent him from filing some kind of action.

    However, if he does, I suspect all you would need is to get him to describe his chip implant the problems it has caused for him and the judge will have a clear indication of what is going on.

    Have you discussed this situation with your attorney?

  • Financial Advisor · Tampa Area, FL · Member since 2008 · 956 posts · 214 votes
    17y

    WOW. i take it that in your lease there is a clause about not disturbing the peace of those around him? get him out!

    if he files a suit, it won't stand (and then you just countersuit for costs). good luck!

  • Westminster, CO · Member since 2009 · 8 posts · 0 votes
    17y

    There is definitely a clause pertaining to disturbing the peace, good call there! I have never had to evict a person and the whole process seems a bit overwhelming but maybe that's just because I have a preconceived notion that the system is skewed to favor the tenant.
    Guru- I have pages upon pages of emails from him describing his condition so if I go to court I'll just bring that and like you suggested, he'll probably waste no time in telling the judge all about the 'awful conditions' at my house.

  • WY · Member since 2008 · 44 posts · 0 votes
    17y

    How about a different approach:

    He thinks you are "monitoring" him and is freaked out about it. How about just suggesting that since he is so uncomfortable with you that you will allow him out of his lease early. Essentially make it his idea to move out of your house.

  • Westminster, CO · Member since 2009 · 8 posts · 0 votes
    17y

    Hey Chris, I'm kind of heading in that direction but what I'm realizing is that inspite of how badly he feels he's being treated he isn't putting too much effort to find a new place. I think the reason is that he's on a limited income and has a dog which considerably limits his options of places to go. Just kind of holding my breath on this one and hoping for the best.... Figure I'll go ahead and begin eviction to CYA

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    Unless the judge works for the CIA too! LOL!

  • Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
    17y

    Next time you visit the property wear a tin foil hat.

    Give tin foil hats to the other tenants and a small tin foil hat to his dog.

    Tell him his tin foil hat is on order but may take several weeks. Give him a paper hat to wear in the meantime, but tell him to call you immediately if it bursts into flames.

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    That's hilarious Nc Mark! I can see that you have a special gift when it comes to landlording!

  • Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
    17y

    Too bad my TENANTS don't appreciate this 'gift' !!!

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    That's why you're "The Landlord" and they are 'just tenants'. LOL!

  • Westminster, CO · Member since 2009 · 8 posts · 0 votes
    17y

    The tin foil hat on back order is ABSOLUTELY hilarious!!!! believe me the image of him wearing one has popped into my head!

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    17y
    Originally posted by Nc Mark:
    Next time you visit the property wear a tin foil hat.

    Give tin foil hats to the other tenants and a small tin foil hat to his dog.

    Tell him his tin foil hat is on order but may take several weeks. Give him a paper hat to wear in the meantime, but tell him to call you immediately if it bursts into flames.


    It's hard to type since I'm laughing so hard!! Thanks for the visual, this is too funny.
  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    That is hilarious Mark! lol

    You could have two friends put on black suits, put in ear pieces and rent a black sedan and follow you to your property a few times.

    In all seriousness, you probably need to be reporting this behavior to somebody. Not sure who but I'd start by asking his mom for the name of his doctor. Who knows. Doc may recommend he move and you gotta follow Dr.'s orders.

  • Real Estate Investor · Dallas, TX · Member since 2008 · 148 posts · 50 votes
    17y

    Wow! Tin foil and black suits...the guy doesn't have a chance!

    On a serious note, EVICT HIM FOR CAUSE ASAP!!! Do not delay. Get him gone fast.

    One of the most important things I've learned in real estate is NOTHING works out if you stay on the fence and do nothing. Being kind and letting things happen to you only allows for BAD things to happen.

    Take action and use a lawyer for advice. You can do the eviction by yourself.

    2 more things:

    1) Ask a Property Mgr from that area about the type of judge you will be getting in front of. Is he a landlord guy or a bleeding heart 'tenant' guy? This will help you prepare for the court date. But you have to evict him no matter what.

    2) Don't be afraid! In NOV 08 evicted 4 tenants. 2 very active drug dealers. 1 heroin addict. 1 old drunk. All of them had stories as to why I needed to give them a break and how they had paid the old owner but had no proof.
    Everyone in the complex was afraid of the drug guys and warned me they were BAD DUDES! (I even thought about getting a hand gun.) But...

    in the end, nothing happened. All the renters were evicted, the judge ruled 100% in my favor, no body got hurt and now I've rerented all but 1 of the 4units.

    Best part is...when I had to talk to 1 of the BAD guys, he would not even look me in the eye. Nor did he have the b_lls to show up to court. He just ran away in the middle of the night.

    I hope this helps. Get him gone. Use the eviction process. It is there for the good people so use it.

    Good hunting_Kyle

  • Member since 2008 · 689 posts · 23 votes
    17y

    The worst thing about this is he sounds like he isn't on meds. My sister rents to people with problems like this only if 1) she talks to the caseworker 2) tenant is taking his or her meds. They understand they're out if they go off meds. It's too dangerous otherwise.

    Mom knows and can have health care professional writing those prescriptions call you and give you definitive answer on medication. I don't think any magistrate or court will make a landlord keep a relationship that presents harm to that person.

    There have to be some upfront conditions or else they can't be accomodated.

    It's too bad because they often do ok when medication.

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