Investor · IA · Member since 2017 · 88 posts · 36 votes
Our NIGHTMARE TENANT has been given a 7 day notice to vacate. There is an active water leak coming from her apartment for the second time. We told her we’d be bringing plumbers by this morning. She ADDED A LOCK to the door so that our keys won’t work. How forcible can we get with our entry to the unit? All windows are shut and she lives on the second floor.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
8y
The lock and your ability to enter are separate issues. States laws usually state that you cannot enter unless you provide 24 hours notice. Notice is usually not required in cases of "emergency." If there is a water leak, that should be classified as an emergency repair and justify entrance with less than 24 hours notice.
If you ever go to enter your property, emergency or not, and the tenant has changed the lock, you are within your legal right to have a locksmith come and change the lock on YOUR property. (Cost of locksmith should be billed back to tenant) You then post notice that lock has been changed and to contact you for a key. Any good lease should mention that tenant is not allowed to make modifications to the property. if yours does not, you may not be able to bill back the locksmith but you should still be within your rights to change the lock. as always, default to your local laws.
Rental Property Investor · Atlanta, GA · Member since 2016 · 325 posts · 253 votes
8y
@Colleen F. I would first shut off the water main so she can not rat hole her self into the unit. For this very reason, I have separate meters and shut off valve on my duplex units. Hope you have ability to do the same.
Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
8y
@Jessica Wood Texas requires a one sided deadbolt on rentals...no female wants male landlords, pm’s or maintenance workers to be able to let themselves in while home. The lease charges the tenent a trip charge if no one can get in for a scheduled repair...$75 or whatever.
"we asked the police - they wont get involved until we have a forcible entry detaIner as we have no proof she’s a danger."
What did the city/county mental health people say?
Putting locks on your door doesn't make you crazy. You can't report tenants without some legitimate concern for the safety of them or others. Fabricating such information could land you in legal trouble. I have seen these things play out a hundred times. It is a civil manner. Eviction is the only remedy. Police are a waste of time until you have a court order to have them removed.
Rental Property Investor · VT · Member since 2017 · 233 posts · 147 votes
8y
@Jessica Wood Sorry about the PITA tenant. Always a learning opportunity.
My lease states I can enter within 48hrs (state requirement) with or without tenant permission, and immediately in case of emergency (which active water leak definitely is). If they do not allow entrance or change/add locks without permission, it states I can forcibly enter the property, I take that to mean by any means. They cover the cost of a new door/locks/any repair of damages, etc. Also states they are on the hook for any damages if I'm not immediately notified of water or whatever other issue is at hand, so if you weren't allowed in purposefully, they are on the hook for all of the water damage too. Sounds like small claims is coming your way.
Rental Property Investor · Louisville, KY · Member since 2008 · 342 posts · 123 votes
8y
@Megan Phillips
Sorry for your troubles. It can be hard when you get a bad tenant but there are a lot more that will work out fine. Screening is one of the most important steps in the process.
Make sure you review state law.
I would also document everything and get a judgement for ALL of the damages. Even though there is no chance you will get anything from this tenant there are two good reasons to follow up with the judgement.
1. It marks their record and could help another landlord avoid a terrible tenant if they do prober screening and check the court records.
2. If this tenant gets their act together and buys a house and then sells it they will have ajudgement and will have to pay you before they get any money. Same with with an inheritance and possibly settlements, can’t remember for sure on the last one but either way if there is a judgement you have a much better chance if getting paid someday.
"Putting locks on your door doesn't make you crazy. You can't report tenants without some legitimate concern for the safety of them or others. Fabricating such information could land you in legal trouble. I have seen these things play out a hundred times. It is a civil manner. Eviction is the only remedy. Police are a waste of time until you have a court order to have them removed."
I absolutely agree, but here you have a situation where the woman is unresponsive to the landlord's calls, there's an active leak, and she's locked hereself into the bedroom when the ladlord came in. Nothing says that the landlord cannot contact the county health officials, describe the scenario, and ask them to check.
That is different from getting the woman out of the apartment. That does require an eviction. Never said it didn't. No one is saying to call mental health authorities in lieu of eviction.
Sorry for your troubles. It can be hard when you get a bad tenant but there are a lot more that will work out fine. Screening is one of the most important steps in the process.
Make sure you review state law.
I would also document everything and get a judgement for ALL of the damages. Even though there is no chance you will get anything from this tenant there are two good reasons to follow up with the judgement.
1. It marks their record and could help another landlord avoid a terrible tenant if they do prober screening and check the court records.
2. If this tenant gets their act together and buys a house and then sells it they will have ajudgement and will have to pay you before they get any money. Same with with an inheritance and possibly settlements, can’t remember for sure on the last one but either way if there is a judgement you have a much better chance if getting paid someday.
Michael - thank you! That is really helpful information. I was feeling defeated about the small claims court portion but I know she is divorced and her ex is a lawyer. Maybe she’s getting spousal maintenance that they could take some of. She’s a real piece of work.
Clive, IA · Member since 2013 · 141 posts · 89 votes
8y
This is my type of tenant.... every time I buy a bulk of apartments. The last time I couldn't find the tenant and it was because he was in jail for stabbing 5 people. Sometimes inheriting tenants is the worst!!!
Portland, ME · Member since 2012 · 616 posts · 550 votes
8y
I would have shut off the water main to stop the leak and fixed it when she was ready to let the plumber in. Of course, I've seen people live in an apartment without water, so it might not work if she's ok with living in filth.
@Jessica Wood
If the water leak is considered to be an emergency, then why not do this:
1) turn off the water to the entire house. Do you have a shut off valve at the street ? If you can’t do it then why not call the city and have them do it?
2) go and purchase several five gallon water containers and leave them by the outside door(s) for the tenant?
Thoughts?
If the water leak is considered to be an emergency, then why not do this:
1) turn off the water to the entire house. Do you have a shut off valve at the street ? If you can’t do it then why not call the city and have them do it?
2) go and purchase several five gallon water containers and leave them by the outside door(s) for the tenant?
Thoughts?
It was a slow water leak, not an absolute emergency but something we wanted handled ASAP. We couldn’t turn off the water to all 5 units at 7:30AM when everyone was showering and getting ready for work. We did have access to the lower unit which is the one that would’ve used the 5 gallon buckets.
We got in and she is getting evicted. This happened yesterday. Can not wait until she’s out.
I would have shut off the water main to stop the leak and fixed it when she was ready to let the plumber in. Of course, I've seen people live in an apartment without water, so it might not work if she's ok with living in filth.
Amy - this is a 5 unit building a it was 7:30AM so we would’ve prevented everyone else from showering, eating breakfast and going to work.
Accountant · Saint Louis, MO · Member since 2017 · 409 posts · 362 votes
8y
@Jessica Wood I believe Thomas was referring to the old military jargon use of section 8, which means crazy. If someone got discharged for being nuts it was called a section 8 discharge. Nowadays we call it going to see the wizard.
@Michael J. - we’ve reviewed all state laws, contacted a lawyer & today the sheriff is serving her the notice to vacate. Fingers crossed she leaves.
Can you provide more insight on the reasons used to evict the tenant? Thanks for your post! The responses are valuable to a future landlord like me.
Sure! She’s violated the lease 5x now but she has only committed the same offense two times. Our state law requires that once you give a “7 day notice to cure” they have to commit the same offense within 6 months in order to evict. You can then serve a 7 day notice to vacate. Let me know if you have any other questions!
She is evading police and sheriff who are trying to serve her AND she took off the door knob and changed the locks. No such luck. This lady is a nut.
wow!
They can't post it on the door and take a picture of it and consider that 'served' ??
I've heard in some states they allow that.
Keep us up to date on the progress. Hopefully she's out soon!
NOPE. I’m in Iowa and you have to actually serve it. Or I learned today you can send it certified mail, regular mail AND post it. So we did that today, too.