Removing one tenant in a 2-person household

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Removing one tenant in a 2-person household

Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes

Hello folks!

Today I have an issue I need to leverage the collective wisdom on the BP forums for.

I have a terrific tenant (single woman) who recently asked for her boyfriend to move in.  So, I had him fill out an application, had them both sign a new lease (M2M), and voila!

Well, here we are a few months later, and I get a frantic text from her.  Suffice it to say, the guy has become physically abusive and she wants him out.  I haven't had time to dig in to the situation yet with her, so I'm not sure at this point that HE knows she wants him out.  So, here are my questions...

Scenario #1:  Boyfriend agrees to leave.  In this situation, can I just have them both sign a release saying he is no longer occupying the unit and he is absolved of any future financial responsibility associated with its upkeep, he waives any claim to tenancy, and she is the sole tenant with sole responsibility moving forward?  If this is acceptable, does anyone have a copy of such a document they would be willing to share?

Scenario #2:  Boyfriend refuses to leave.  Is there an easier way of me extricating him from this contract (and tenancy) without me sending a 30-day notice of termination to both tenants?  Could I send a notice of termination just to him?  Is there another option?

I'm trying to learn a lesson from this experience, but I am not sure how I could have done this any differently to avoid the current situation.

I've been putting the "move-in significant others" on a new M2M lease with my original tenant.  My logic is it holds them both financially responsible in case there is damage or a non-payment issue in the future with either or both.

I thought of just adding an addendum to the lease for the SO as an "authorized occupant" that I could terminate with a shorter notice, but I am not sure that would fly here in tenant-friendly NY.  I believe that any occupant is considered a tenant and is afforded all the rights and privileges thereof.

If I refuse to add the SO, then the likely scenario would be that I would (a) have an unauthorized occupant that I could not hold to the articles of the lease since they are not a party to it, or (b) the couple would move to a new place where they could both be on the lease (where, presumably, the next landlord would encounter my current situation).

My questions are twofold:

How do I resolve the current situation (and keep my original tenant) with as little hassle as possible?

Is there something I could do differently moving forward that could avoid this sort of thing next time?

Thanks in advance!

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Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
9y

Many states have laws regarding tenants and domestic violence, like a right of victim to terminate early or landlord has no right to terminate, right to have locks changed, etc.  So read up on your state landlord/tenant laws first to make sure you don't violate them accidentally

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  • Ronan M.Pro Member
    Rental Property Investor · Chicago, IL · Member since 2015 · 352 posts · 281 votes
    9y

    Oh man. What is it with some tenants. That text from her to you should have been a call from her to the cops. When you signed up to own investment properties that did not include meditation of physically violent domestic dispute issues. Don't try to take this burden on your shoulders. There are laws and law enforcement to deal with such issues. 

    If she is in a violent or potentially dangerous situation she needs to call the cops. They will handle the situation and the offender. If she needs him gone for her own safety she cannot expect you to facilitate that. And you should not have to.

    She needs to get with the police to resolve this on her end and get rid of him. And to answer your question about that to do...follow the lead of the police and do the follow up lease and paperwork accordingly. I would not be trying to take the lead on something that is way out of the scope of our work.

    Maybe not much help to you. But it bothers me sometimes that tenants think landlords are responsibly for absolutely everything in their lives. Hell she brought this guy in...you did not force a stranger room mate situation on these people.. then when her decision turns sour why do you get the first call ?   Unbelievable.

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  • Account Closed
    Investor · Santa Rosa Beach, FL · Member since 2016 · 232 posts · 153 votes
    9y

    Hi @Wesley W.

    Ahhhh, love is in the air! I would give them both a 30-day notice to terminate the current lease and have her sign a new lease as the only occupant. If he agrees to leave earlier, great. 

    Do you have a crime free addendum? Our attorney provided us with one and it has definitely come in handy. You should probably check with an attorney who knows the state specific laws. 

    Other than MTM leases and a crime free addendum, I am not sure what else you could do to "prevent" personality conflicts or the issues they create. 

    Good Luck

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  • Angel Vaz
    Palmyra, NJ · Member since 2016 · 1 post · 0 votes
    9y

    If she is really that worried about her well being have her call the police. If the male caused physical harm he will be arrested and depending on the state law a temporary stay away order will be put in place immediately, until they are seen by a judge. If her claims are found to be truthful the temporary order will be made into a permanent order. It is her responsibility to report the incident and to follow through with going to court. All you can do really is advice her to call the police. 

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  • Wesley W.
    OP
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    @Ronan M.  Sadly, she went to the police first, and they told her there was nothing they could do until he was charged with something.  They told her to try Family Court (whatever that means).  Apparently, the only thing he's done is shoved her (and I guess that was not enough for the police), but she says it is quickly escalating and there has been a lot of verbal abuse.  Apparently, he has a drinking problem that has recently manifested itself.

    @Account Closed As I stated in above in this same reply, the police don't appear to be any help, since they're not satisfied, apparently, that it's risen to the threshold of their involvement.  She went to them for a restraining order, and they basically told her to pound salt.

    I'm wondering if he leaves voluntarily, would having him sign a "return of possession" document be enough?

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  • Dacia Ray
    Phoenicia, NY · Member since 2016 · 42 posts · 29 votes
    9y

    Yeah, calling the police isn't going to do anything. Advise her to go to Family Court and file for an order of protection. In NY state, there is a form she'll have to fill out to file, and she'll need to write a statement detailing the first, worst, and most recent abusive incidents (can be physical or emotional). That starts a paper trail for her, and when she appears before the judge she can ask for an order for him to vacate. He then has to be served with the order of protection, which a friend (or even landlord) could do, but she cannot be the one to serve the papers. They will then both have to appear in court (and if he doesn't go, there will be a warrant issued for him). And the paperwork will also be filed with your local precinct, so the cops will hopefully take things more seriously if she has to call them again (though honestly it's a crapshoot, some cops are really unsympathetic and unhelpful about domestic situations). The good thing about this route is that it creates a paper trail for her, and when a person is served an order of protection and made to vacate an apartment, they are both barred from entering the property and still legally bound to paying rent. In reality most guys will stop paying at this point but it's s thing that can be pursued on your end. it's a legal protection put in place so victims of intimate partner violence can get the abuser out without fearing becoming homeless themselves. It sounds like your tenant was able to pay before the boyfriend moved in though, so this shouldn't be a problem. I think this route is much preferable to the above suggestions, both because it protects her and because the whole thing will be much less of your problem (unless you serve him). 

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  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    Many states have laws regarding tenants and domestic violence, like a right of victim to terminate early or landlord has no right to terminate, right to have locks changed, etc.  So read up on your state landlord/tenant laws first to make sure you don't violate them accidentally

    1Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    If she doesn't file a domestic abuse action, you basically have to have them agree that he will vacate. sign him off the lease mutual termination and then she could stay. 

    You have to be careful it's complicated to file for a eviction action due to domestic abuse between parties. Landlords get stuck with domestic abuse actions, the one party can vacate basically immediately and you have no recourse and the other because of that also has to be let out of the lease. NOT a win win,, (at least in MN) so check your state laws.

    You could do a non renewal for both of them, with proper notice.

    Hopefully he agrees to vacate. 

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