Tenant ODed can I evict

19 Replies

Help me out here.  Me and a buddy put in a fire pit all day yesterday at my apartment complex.  This tenant was hanging out creeping us out.  Turns out she is the same lady that my manager advised against letting her lease again.  I said she has to go after being around her.  Got an email today she ODed last night.  It is a nice apartment good people there this is disturbing.  The girls lease goes until November can I give her 30 days?  Or do I need to honor the entire lease?  Everyone wants her gone there.  It is a sad situation 2 little kids (that were not supposed to live there).  God help those little guys they are screwed.  It is a damn shame and my good tenets hate watching it everyday. 

PS She never would have gotten an apartment but I did not own the place when she came in.  The landlord at the time wanted her in because the government pays automatic every month and prospective buyers wanted to see it was going strong.  

Also I live in Oregon.  We love tenets and hate landlords here.

Originally posted by @Eric Bilderback :

Help me out here.  Me and a buddy put in a fire pit all day yesterday at my apartment complex.  This tenant was hanging out creeping us out.  Turns out she is the same lady that my manager advised against letting her lease again.  I said she has to go after being around her.  Got an email today she ODed last night.  It is a nice apartment good people there this is disturbing.  The girls lease goes until November can I give her 30 days?  Or do I need to honor the entire lease?  Everyone wants her gone there.  It is a sad situation 2 little kids (that were not supposed to live there).  God help those little guys they are screwed.  It is a damn shame and my good tenets hate watching it everyday. 

PS She never would have gotten an apartment but I did not own the place when she came in.  The landlord at the time wanted her in because the government pays automatic every month and prospective buyers wanted to see it was going strong.  

 That is sad.  You can't just terminate the agreement with a 30 day notice if she has a lease.  To get her out sooner than November, you would have to have grounds to evict her.

Also, is she a Section 8 tenant?  Then, you would be even more restricted as far as acceptable grounds to evict her, from my understanding of Section 8 rules.

Your best bet to getting her out before November, would be to start documenting her behavior and giving her written warnings - but it would have to be behavior that is something you can evict for.

Did the police come?  Did she just OD in her own apartment, and the paramedics came?  If it was just paramedics showing up to her apartment, I don't see you having a case for disturbing the other tenants - whereas, if she was outside yelling at the moon and the police came, you could give her a warning that if it happens again, she will be evicted.

I think you're probably stuck with her until her lease is up.  If she's Section 8, be sure you find out what you have to do to end the lease with her.  I think you have to give 90 days notice, if it's her first year.  Anyway, I think you should contact the housing authority and ask them what you need to do to get rid of her at the end of the lease.

And in the meantime, you might want to call Child Protective Services if you think the kids would truly be better off in foster care.  That's a tough call, too.

@Eric Bilderback

If she is a section 8 tenant, you can contact her Specialist and let them know you want to break you contract, you are no longer interested in continuing the lease. Document the recurring incidences and the specialist should give you the steps to follow. Each housing Authority is different, some can have restrictions if it is the first year on the lease and some can accept a mutual agreement to break lease on the first year however a 30day notice is required. I hope this helps.

Do you have anything in your lease regarding illegal activity?

Work through the welfare office to get rid of her otherwise you are stuck till the lease is up. In the future avoid renting to welfare tenants if possible to reduce your risks..

This is a housing authority.  Whatever that is.  Everyone else has good jobs and are together people.  I don't have anything specific like incidence on her just a general feeling that she is a lost soul.  She asked for help babysitting from other tenets all the time.  She has excuses for everything, nothing is ever her fault.  Just an all around sorry sack.  The paramedics came, then the cops came and went through her place.  Her cop father came and got his grandkids.  She went to the hospital hopefully they will put her in a rehab.  I will talk to the housing authority.

Can I stop her from having kids there I am worried about them in the apartment with a mom that is higher then Everest.

The kids are not your business and you should stay out of that situation. Landlords are not and should not ever act as social workers. Do what you can to get rid of her now while you have the opportunity.

Since she has a lease, you can't just serve her a notice to end it unless she's violating some term(s) of the lease agreement.  (The fact that she creeps you out wouldn't qualify.)  You also would not be able to prevent her from having her kids there.  That'd be a pretty clear violation of the Fair Housing Act that protects tenants against discrimination based on several protected classes - including familial status.   You could contact CPS instead and explain to them what's going on and that you feel the kids aren't safe and have them look into it. 

Speaking directly to her case worker at Section 8 might help (at least that is how they do it here).   They may have rules regarding drug use and might drop her from the program if they determine she has broken their rules, opening it up for you to deal with it before the lease is up (but also not receiving the Section 8 check).  When I had issues with my Section 8 tenant, I spoke directly to the case worker and it helped straighten things out much faster than trying to deal directly with the tenant.      

@Eric Bilderback it is right for you to be concerned about the children. Sticking your head in the sand when it comes to child welfare is morally wrong. That being said, your involvement should just be notifying child protective services to deal with the situation. If the mother is using drugs around the children and ODed, they should remove the children from the home. Take action to evict her based on illegal activity in the property. Call housing and see how to proceed.

In my area the housing authority specifically has an officer who investigates housing fraud, and illegal drug use can count in that in some situations. Find that person and let them know what is going on; your lease also most likely has a clause for illegal drug use. Let the housing authority know, and while it won't be immediate, they will eventually send you a letter with the last day of payment. At that point if she refuses to leave, you're set.

Thanks guys lots of good advice.  I don't have an illegal clause in my applications believe it or not.  So I now need to document all of the weird stuff she does and get some other tenets to file a complaint.  Then the next time something like this happens I can give her the boot.  

It is frustrating to see some lady not only make my nice little apartment scuzzy, but become so self destructive her own kids have to watch their mom overdose.  What a shame.  I hate dealing with these situations from a business mindset but that is all I can do.  The fact of the matter is she will most likely be dead in a few years and her children have no future.  

Since laws differ from state to state, I would suggest that you get an attorney involved. In Illinois I could have her evicted based on the illegal activity. Elsewhere, only an attorney can tell you.

Originally posted by @Eric Bilderback :

This is a housing authority.  Whatever that is.  Everyone else has good jobs and are together people.  I don't have anything specific like incidence on her just a general feeling that she is a lost soul.  She asked for help babysitting from other tenets all the time.  She has excuses for everything, nothing is ever her fault.  Just an all around sorry sack.  The paramedics came, then the cops came and went through her place.  Her cop father came and got his grandkids.  She went to the hospital hopefully they will put her in a rehab.  I will talk to the housing authority.

Can I stop her from having kids there I am worried about them in the apartment with a mom that is higher then Everest.

The housing authority being involved means that she has a HUD voucher, previously known as Section 8. When you have a Section 8 tenant, you have a lease with the tenant, and you also have a separate contract with the housing authority regarding the Section 8 tenant. It spells out what they will pay, what she has to pay, grounds you can kick her out on, the amount of notice you must give to end the contract, etc.

How can people buy properties and not look at or try to understand the contracts and leases involved?  You inherited a contract that you have to perform under, with the housing authority.  Did you really not notice that?  That just seems crazy to me.  And actually, now that I think about it, you would have had to do some paperwork with the housing authority when you took ownership of the property and signed a new contract with them. So how can you say you don't know anything about the housing authority?

As far as her doing illegal activity, etc., if she's not dealing, I don't see being able to evict her for just using or ODing in her own apartment.  And you also can't evict someone for just being weird.  Their behavior has to be criminal, or loud, etc.  Something worthy of calling the police for - that the police agree is worthy of calling them over.

You would want to speak with a good landlord/tenant attorney in your area as he would want to see your lease.  He will know your court systems and what works and what doesn't.

You mentioned that the 2 children were not originally supposed to live there, are they listed on the lease? If the lease only states that 1 adult is going to be living in the unit, you may have grounds to evict her for having more people live in the unit than there are on the lease. It may seem a little harsh, but could be an out for you. 

Sue,

I don't know a damn thing about section 8 period!  I didn't grow up on it and have worked my fingers to the bone to make sure my family never touched it.  So please if that is your angle don't go there.  That is my judgment admittedly I do judge and I feel I have earned that right.

As far as the lease is concerned I live in a small town, her dad is a cop, and the neighborhood authority pays the rent.  Is that section 8 I don't know?  I looked at all the leases make sure the were paying and went through every apartment myself.  She came in while the place was under contract.  I got a smoking deal on it and would have dealt with this one junkie in order to purchase this entire property regardless of how pathetic her situations was.  

Let me try a little consideration back your way.  Doing durgs is illegal,  possessing drugs is illegal, so I guess she broke the law right there.  I can't boot her out for being a creep and being a loser that doesn't take care of her kids unfortunately.  I am not an idiot I know I cannot kick some one out for being weird aka drink mountain dew and playing video games all day.  But being a scumbag creep makes me look for reasons to give you the boot.  But thanks for clarifying that I cannot boot some out for being "weird."

You hit a nerve but I do pray for this girl and I absolutely want her kids to be safe.  I want what is best for everyone but my responsibility is to my family to provide and to my good tenets who pay to have a comfortable home.

Originally posted by @Eric Bilderback :

Sue,

I don't know a damn thing about section 8 period!  I didn't grow up on it and have worked my fingers to the bone to make sure my family never touched it.  So please if that is your angle don't go there.  That is my judgment admittedly I do judge and I feel I have earned that right.

As far as the lease is concerned I live in a small town, her dad is a cop, and the neighborhood authority pays the rent.  Is that section 8 I don't know?  I looked at all the leases make sure the were paying and went through every apartment myself.  She came in while the place was under contract.  I got a smoking deal on it and would have dealt with this one junkie in order to purchase this entire property regardless of how pathetic her situations was.  

Let me try a little consideration back your way.  Doing durgs is illegal,  possessing drugs is illegal, so I guess she broke the law right there.  I can't boot her out for being a creep and being a loser that doesn't take care of her kids unfortunately.  I am not an idiot I know I cannot kick some one out for being weird aka drink mountain dew and playing video games all day.  But being a scumbag creep makes me look for reasons to give you the boot.  But thanks for clarifying that I cannot boot some out for being "weird."

You hit a nerve but I do pray for this girl and I absolutely want her kids to be safe.  I want what is best for everyone but my responsibility is to my family to provide and to my good tenets who pay to have a comfortable home.

 I don't care one whit if you don't like Section 8 people.  And I'd get rid of her asap, too.  My point was that you don't know who your contracts are with or the terms of your own contracts, and you should.  And sheesh, if you already know everything, why did you come here asking questions?

And how that morphed into me somehow keeping you from taking care of your tenants and your family....is .....confusing.

Sue,

I am a busy guy don't have time to get into every little thing.  I knew her lease was different paid by the govt.  but I let the manager handle that.  I don't know if I could evict for an OD (and atill don't) that was the question I asked.  Thanks for your posts trying to make me look stupid.  Next time just answer the question and move on.  I know your smarter then everyone else here but was simply asking for some information.   Good grief!

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here