Caught in Middle of Family Dispute

Caught in Middle of Family Dispute

Real Estate Investor · San Francisco, CA · Member since 2016 · 16 posts · 1 vote

Summary of the Issue

A family that I am renting out to had some internal quarrels recently. In the process, a door was broken, and the tenant responsible for that property damage (herein referred to as the "problem tenant") moved out. Locks were changed and a new lease was signed that did NOT include the problem tenant. 

Today I received an email from one of the two responsible parties on the lease. The tenant informed me that his co-tenant has allowed the problem tenant to move back in AND has decided that she will not allow her co-tenant (the one who sent the email) to live in the house any longer.

The tenant who emailed me is asking that I release him from the lease if I decide to offer the parties who are now occupying the home a new lease.

That's the short version. My question is how to proceed? For those who are willing to advise me, below are more details of the situation.

Location: Idaho

The Players

    - Mr F - father of Ms D; the tenant who wrote me the email this morning. 

    - Ms D - daughter of Mr F

    - Mr P - son in law of Ms D; aka "problem tenant"

Timeline

2016-10 - Enter lease with Mr F, Ms D, and Mr P.

2017-05 - Receive detailed report from Ms D of problem with her son-in-law, Mr P. The report stated that there is an issue between Mr P and Mr F; Mr P demanded that Mr F move out. It also documented how Mr P kicked in and damaged a door. Also included is a statement submitted to the police regarding Mr P's behavior. In a subsequent email, Mr P is accused of damaging the personal property of Mr F.

2017-06 - By the initiative of Ms D, we agree to a new lease beginning on 2017-07-01. The lease is between Mr F and Ms D. Mr P has moved out. Locks are changed.

2017-07-03 - Receive email from Mr F informing me that Ms D has allowed Mr P to move back in AND that she has decided that she will not allow Mr F to live in the house any longer. Mr F has asked that I release him from the lease if I decide to sign a new lease with Ms D and Mr P, though he advises me against doing so due to their unstable history.

Ms D has not contacted me about any of these changes that Mr F has just reported to me. I will write to her asking to verify Mr F's claims, though I have no reason to doubt them. Assuming Mr P has indeed moved in, then this is a breech of the lease agreement. I no longer feel comfortable renting to this family (save for Mr F, but he would't be able to afford the rent on his own).

Please advise!

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Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
9y

I dont think that this is only a issue with just that one tenant. This is a whole family issue. As long as they are in the property they will always have issues. Just my two cents. 

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  • Johnson City, TN · Member since 2014 · 586 posts · 705 votes
    9y

    evict all of them!

  • Jerry W.Pro Member
    Moderator
    Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
    9y

    I presume that your lease prohibits having folks move in who are not on the lease.  If so, I would notify Ms D. of the violation.  You still need to verify for yourself.  If Mr. P has moved in and the notice does not work to get him out, then file for eviction.  If Mr. F. cannot truly afford the place on his own, they will all indeed have to go.  

  • Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y

    I dont think that this is only a issue with just that one tenant. This is a whole family issue. As long as they are in the property they will always have issues. Just my two cents. 

  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Present them with a notice to comply or whatever your area requires to notify them of breach of contract and that they need to rectify the situation.

    I would talk to the father about whether he wants to find other roommates.  Doesn't let the domestic violence person stay there.  Stay firm in not letting him back or sticking with the wife if she is wishy-washy.

    For future reference, we designate the strongest applicant as the primary tenant, to work with in these types of situations.  You are not alone, though, we once changed the locks and set things up to help people separate, and it didn't stick.

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Do not waste any time trying to resolve the problem. They have already proven that is  futile.

    Evict them all now.

  • Forney, TX · Member since 2013 · 119 posts · 101 votes
    9y

    Dude you have a mess!  If daughter confirms that son-in-law has been staying at house longer than visitors are allowed (lease should state how long visitors are allowed consecutive days), then you need to send eviction notice.

    Do not waste more time dealing with these tenants, it will only get worse.

    See below problem tenants

    The Players

    - Mr F - father of Ms D; the tenant who wrote me the email this morning.

    - Ms D - daughter of Mr F

    - Mr P - son in law of Ms D; aka "problem tenant"

  • Real Estate Investor · San Francisco, CA · Member since 2016 · 16 posts · 1 vote
    9y

    Thanks to all for your advice.

    @Jerry W. Yes, the lease prohibits people from moving in without my approval.

    @Shannon Slade Yes, the lease specifies that guests cannot stay for longer than one week without my approval (it's been only a few days since the son-in-law's return, however).

    I have heard from Ms D, who has confirmed that her son in law (and his wife and children, who were all there before this mess began), has indeed moved back in. Even though she has presented a compelling case to assure me that no further issues will arise as long as her father moves out, I am inclined to side with the sentiment echoed in this thread and let them know that they must vacate the premises.

    I've never done an eviction. If any of them put up any resistance, what's the worst case for me? Losing out on 1-2 months' rent?

  • Jerry W.Pro Member
    Moderator
    Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
    9y

    @Paul D., eviction in CA is like no other animal you have seen in the zoo.  You will need to get an attorney to help you, at least on your first one.  The laws are very tenant friendly there and one small mistake could set you back a month or two.  Good luck whichever way you go.

  • Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y

    I woukd definitely get a lawyer to look over everything for you before any action. 

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