Situation with not-on-lease boyfriend in jail for assaulting my t

41 Replies

So my tenant has always said her boyfriend doesn't live there. She finally admitted two weeks ago he had moved in and asked to add him to the lease. He has not submitted an application and is not on the lease. He assaulted her, she is in the hospital and he is in jail for now but bail is a possibility. Her lease is up 8/1 and am guessing she will not renew, but won't be out of the hospital by then.

Any good attorney recs for Denver metro?

Any advice? I have already told her parent that everything needs to be in writing going forward, have changed the locks and am working with police. Going to call CO housing today, but the more advice the better.

Thanks

Won't be out of the hospital by 8/1? That must have been some beating. Are you looking for an attorney for yourself or for the tenant, and if it's the latter, why? 

Originally posted by @Eric Adobo :

It's not Aug 1. Why you change locks before lease is up?

 I assume because boyfriend has a key and might be back to ransack the place before she comes out of the hospital.

Did you send a notice of non-renewal? You need to do that first. Usually if there is no communication the lease goes into a month to month arrangement, and she may be assuming this is the case. You CANNOT just change the locks. This is illegal. You should also not be involving the parents...they are not on the lease.

I changed the locks at the request of my tenant, her parent, the county victim advocacy counselor who is working with my tenant, and the police.

The boyfriend has a bail amount assigned, so he could get out. He took her keys, so could access the property and her belongings.

Tenant, her parent, and advocacy counselor have all informed me of her intent to move out and requested flexibility. I am going to start getting things in writing to have something listing a move out date, etc,, but would like to work with an attorney to ensure that I am doing things correctly. Police have warned me that even though he has not applied or signed a lease, he could have substantial rights. I am hoping to do everything as by the book as possible.

@S Harper most likely his belongings are inside the property. I am pretty sure lack of a key isn't going to stop him from trying to enter, which probably means a door being kicked in. I would make arrangements to get his belongings out of the property and either in storage or returned to him some how. Get him notified of how to get his stuff peacefully. I would consider putting a cheap wifi security cam inside the front door to get notified of motion. 

One option is to work with the family to remove everything from the property and ideally have the family take her stuff. Then you can get it vacant to rerent the property. Or another option is for you to put all the property in storage. Otherwise I would ask the family to pay rent for August and have her out September 1. 

Glad Joe said it. Things that apply to wimpS like me don't apply to guys who Beat the 🐝 Jesus out of 👧 S. 

Joe got, big ones,  recommending they pay another month. 

I'm watching this thread real close.

Can't you contact the guy in jail and ask him what he wants you to do with with his belongings?  Letting him know the situation up front should deter him from returning to the property uninvited and forcing entry.

Originally posted by @Andrew Babcock :

Can't you contact the guy in jail and ask him what he wants you to do with with his belongings?  Letting him know the situation up front should deter him from returning to the property uninvited and forcing entry.

I would think that contacting the guy would make it official that he knows that the guy is living there, which would put him at a legal disadvantage. Right now he's not on the lease. 

I've had a recent situation, this is in Georgia and every state's different, where one of my tenants let a 'friend' stay and that friend then refused to move out after 2 weeks.  Upon suggestion by the police, the tenant then packed all of her stuff (this was a furnished rental, so no furniture needed to be moved) and was officially turning the property back over to me (I had given a 3 day notice for her to get rid of the unauthorized friend or turn the property over to me). The guest then luckily also packed and vacated. Otherwise, the police suggested that I could have then called her in as a trespasser, since my tenant was gone and I had no contractual obligation with the 'guest'. While the tenant was there the police couldn't help, because it was a civil issue. 

The tenant moved her stuff back in after.  

 @Michaela G. :

Ah, perhaps..  in Washington State it doesn't matter if the person has a lease or not.  If they are established at all in the property your only 2 options are to convince them to leave peacefully (maybe persuaded by cash for keys) or start going through the eviction process.
Originally posted by @S Harper :

So my tenant has always said her boyfriend doesn't live there. She finally admitted two weeks ago he had moved in and asked to add him to the lease. He has not submitted an application and is not on the lease. He assaulted her, she is in the hospital and he is in jail for now but bail is a possibility. Her lease is up 8/1 and am guessing she will not renew, but won't be out of the hospital by then.

Any good attorney recs for Denver metro?

Any advice? I have already told her parent that everything needs to be in writing going forward, have changed the locks and am working with police. Going to call CO housing today, but the more advice the better.

Thanks

 You shouldn't have changed the locks. You've got no legal right to change those locks. Tenant could get you for a self help eviction. 

Also as an FYI the fact that you don't have a lease stating that the boyfriend is your tenant doesn't mean that the boyfriend isn't your tenant. From what you've presented here the boyfriend is absolutely your tenant and if you wanted to evict him you would need to evict him just like any other tenant. At this point according to the law he's probably got just as much right to be there as her so no need for you to insert yourself in this situation.

Get rid of this tenant, her next boyfriend will be the same, ultimately she loves losers and will end up with more of these types at your rental.

@S Harper I would let the tenant know that they will need to continue paying the rent until the apartment is empty. This will hopefully encourage them to mive her out sooner rather than later. I would also consult an attorney ASAP to find out how to get rid of the boyfriend from your property legally.

Come on guys.  Of course landlord has right to change locks.  We do it often in this type of situation.  Put a lockbox on the door, with key inside, note of door telling tenant to contact office for code.

That being said, landlord has to be kinda careful in handling the female.  There are many laws concerning victims of domestic violence.  It would be best to relocate her ASAP.  

Motion sensor lights, and a hidden 'trail cam' can do wonders in catching the prey.  Also think about a really loud interior activated motion activated siren set outside the unit.  Wake up the neighbors.

That low-life will be back and most likely take it out on your property.  Stay in touch with the police, and have a neighbor keep a look out and call 911 if they see or hear anything suspicious.

What are we, landlords or social workers?  I guess we are a little bit of a lot of things.  If only kids would learn to play nice. 

Good luck.

I bet she has an order of protection against him.  Do you know what it says.?  If it is her legal residence he can be in violation to enter. We had a situation with roommates (both on the lease) and the assaulter per the judge could not enter the property without police to remove their stuff or they were in violation.   I also changed the locks.   I would just treat his stuff as abandoned property if it isn't removed. 

We rented a room to a student my husband was tutoring. He assaulted my husband.  While my husband was hospitalized (broken neck and skull fracture so it took a while) I appeared in court, made a victim impact statement, got a restraining order.  Per the Aurora police, I took all his possessions, and paid $1 to rent a storage for the first month, dumped his junk there and notified his public defender where his stuff was. Left the keys with the manager of the storage unit, with instructions for who to release them to.   Neither he nor his friends nor his family were allowed near the house, but had access to his stuff.  

Originally posted by @Terre B. :

We rented a room to a student my husband was tutoring. He assaulted my husband.  While my husband was hospitalized (broken neck and skull fracture so it took a while) I appeared in court, made a victim impact statement, got a restraining order.  Per the Aurora police, I took all his possessions, and paid $1 to rent a storage for the first month, dumped his junk there and notified his public defender where his stuff was. Left the keys with the manager of the storage unit, with instructions for who to release them to.   Neither he nor his friends nor his family were allowed near the house, but had access to his stuff.  

 Wow, that is unbelievable. That is a big reason I'd never have anyone living in my house, money or not. I hope your husband recovered ok. What happened to the roommate ultimately? I hope he ended up in jail.

Our former tenant served 6 months for assault on an at risk senior (my husband had just turned 60).   He was to pay our medical bills as restitution.  With his $18 a month checks, I expect the $500K medical bills to be paid sometime in the next century.  

It is why I cringe over AirBnB. And get a nervous twitch when contemplating house hacking a 4 plex. That one I may have to suck it up and deal with the twitch, because I'm determined to learn enough here to so I can invest and create some passive income to make up for the loss of income from my husband. He is no longer able to work, but I have him, so I will find a way. 

Originally posted by @James Wise :
Originally posted by @Michaela G.:

James,  did you read more than the opening post?

 Yup

Well,  if you're doubling down,  then there's really no excuse for your answer. 

He clearly explained that the request to change locks came from the victim's side and not because he wanted to be a jerk of a landlord.  

A couple of questions to ask your tenant who was the victim of the assault. 

Did the District Attorney's office request an order of protection on the tenant's behalf when the boyfriend was arrested? 

If so, what were the terms of the order?  

Most full stay away orders of protection instruct the perpetrator (defendant) to stay away from the home of the protected party which would be your tenant. The perpetrator is advised at arraignment to stay away from the tenant. 

If the perpetrator doesn't stay away from the victim, than a judge will advise the perpetrator he can be arrested. 

Ask your tenant to find out of there is an order of protection.   

If there is and the boyfriend shows up, you can call the police.