Cops do not enforce a termination of lease contract.

General Landlording & Rental Properties
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Cops do not enforce a termination of lease contract.

Allan R.
Rental Property Investor · Member since 2018 · 38 posts · 11 votes

I have tenants whom lost there jobs and failed to pay rent. No one wants to spend extra money and time to file an eviction law suit. Do I talked to the tenants and asked them to sign a termination of lease contract and gave them a week to get out.  A week passed and I had the locks changed. A nearby tenant called me saying that there was somebody in the home. So I called the police and a family friend (I'm out of town for work) to meet the police over there. It was the tenant of course. She has two warrants out for her arrest. Cops claimed they cant do anything about the situation. Not even arrest her for her warrants. They stated it's a civil matter and they can not enforce contracts.  

I find this to be a load of ********. Any thoughts?

How is a rental contract enforceable but not a termination of lease contract?

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
7y

The fact that they didn't arrest her on her outstanding warrants doesn't say a lot about the police in your area.

You need to start an eviction.  If you don't know how, there are companies that will do it for you.  Given she has warrants out for her arrest, I doubt that telling her you are starting an eviction will get her to move on her own.  Once you have the eviction, then depending where you are, the police can become involved.  My understanding is in some places in the US, the sheriff's office will show up on the day and make sure everything is moved out.

You should not have changed the locks.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    The fact that they didn't arrest her on her outstanding warrants doesn't say a lot about the police in your area.

    You need to start an eviction.  If you don't know how, there are companies that will do it for you.  Given she has warrants out for her arrest, I doubt that telling her you are starting an eviction will get her to move on her own.  Once you have the eviction, then depending where you are, the police can become involved.  My understanding is in some places in the US, the sheriff's office will show up on the day and make sure everything is moved out.

    You should not have changed the locks.

    7Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    7y

    The police don't enforce contracts. If they have legally vacated the property and you legally changed the locks then they are trespassing. You should be able to put them on a no trespass order. The police can arrest them for that.

    If your tenants haven't legally vacated the property and you changed the locks then you can get in a whole lot of trouble.

    Sounds like you need to file an eviction if they still have a lease and they are still in property or coming around.

    7Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    I don't think they would enforce the contract but why wouldn't they take her in on outstanding warrants?   I know people who get a traffic stop and got locked up for failure to appear warrants and they impound the car.  Here is someone right in front of them and they don't take them in? 

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    I can't explain why they wouldn't arrest her. Did you charge her with breaking and entering?

    Start the eviction process. It sounds like you're inexperienced so hire an attorney and do it right. You can try it on your own later when you're more experienced but for now you have a criminal on the premises and she won't care about your feelings or a contract or previous verbal agreements. Hire an attorney.

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  • Jacob Sampson
    Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
    7y

    It's possible that it wasn't legal for you to change the locks on them until you have an official eviction.

    You just need to be comfortable with initiating evictions.  If your area is like mine you find a local attorney that handles evictions and there will be some fixed fee to take care of the whole thing.  Not really that big of a deal.

    3Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    You can also try turning her into the cops.  Call the crimestoppers number and say you know (insert name) has several outstanding warrants for her arrest and she's living at (insert address).

    1Reply
  • Damaso Bautista
    Rental Property Investor · Hawthorne, CA · Member since 2018 · 655 posts · 900 votes
    7y

    @Allan R.

    Hey Allan,

    First the police have discretion and have no obligation what so ever to arrest someone on an outstanding warrant.

    Second the police do not get involved in any landlord tenant dispute unless there is a valid court order like an eviction order from the court demanding the tenants be removed.

    As long as the tenants have established residency. An eviction must be completed before they can be forcibly moved.

    In California at least if you changed the locks without legally evicting or legally gaining possession of the property you are actually breaking landlord Tennant law.

    Sorry you are going through this and I hope this all works out.

    4Reply
  • Aaron DiCaprio
    Rental Property Investor · Philadelphia, PA · Member since 2019 · 89 posts · 27 votes
    7y

    You need to lawyer up and start the eviction process.  

    To give you peace of mind as you build your portfolio and get more experience, look into buying rent default insurance which will reimburse your lost rental income and some legal expenses when a tenant defaults.  It's affordable and tax deductible.

    Good luck,

    Aaron

    0Reply
  • PJ M.
    Philadelphia, PA · Member since 2019 · 174 posts · 124 votes
    7y

    As others have mentioned you should lawyer up and get things done correctly.  You started down that path but getting them to agree to be out by a certain date.  however, when they didn't get out you can't just change the locks.  They never returned possession to you.  They said they would (by signing the form) but until they actually move and take their crap with them, they are still tenants.   Changing locks is considered a self-help eviction and is very illegal in most (if not all) of the US.

    The cops were right on with the part about not enforcing contracts.  Cops handle criminal issues.  Contracts are civil issues.  Courts are generally split up the same way.  Unless you are in a small jurisdiction there will be civil courts which handle contract related things and criminal court which handle crimes.  Just imagine what it would be like if the cops came to your house because you didn't pay your hospital bill or because you were late on your credit card payment (they're both just contracts where you agree to pay for services).  The cops would have their hands full.

    As to why they didn't arrest the tenants on the warrant charges, who knows.  It may have been because they were worried you would take more illegal action (you did change the locks after all) and gave the tenant a break.  Ultimately though, only the cops that were there know why.

    2Reply
  • Andrew Cornstubble
    Rental Property Investor · Sedan, KS · Member since 2016 · 125 posts · 92 votes
    7y

    @Allan R. Call the spate police or the chiefs office. That's blatant trespassing. I would call them again and try to do it at a different time so you don't get the ameture hour guys.

    1Reply
  • Carl Fredrickson
    Wichita , KS · Member since 2017 · 35 posts · 25 votes
    7y

    The warrants also could have had a jurisdiction or extradition issue. Sometimes the jurisdiction that issued the warrant will only extradite from within state or from adjacent states, they may even be able to limit it to a given radius/distance. If the person with the warrant is found outside of that area, the police aren't going to use the warrant as the basis of an arrest. 

    1Reply
  • Braden Downs
    Oklahoma City, OK · Member since 2016 · 62 posts · 37 votes
    7y

    @Allan R. I wonder how many people on this thread are actually cops........

    Your tenant has established residency at the house , even, if she signed a contract with you saying to leave. It's a civil issue.

    Also, there are so many possibilities why they didn't arrest: warrants weren't good, they were only city warrants, man power was short, had to take another call, she was inside the house (certain warrants can't be served in private residences), and maybe they didn't like you......

    3Reply
  • Mike S.
    Investor · Broward County, FL · Member since 2018 · 1k+ posts · 938 votes
    7y

    First regarding the civil issue, as said before law enforcement has no jurisdiction... When you want to divorce with your spouse, are you calling the cop or a lawyer?

    There are a lot of reasons why they maybe could not enforce the warrant.

    As explained before, maybe there was no extradition for that jurisdiction.

    Also in case of a misdemeanor warrant, in some state it would not give authority to the police to enter into their residence to pick them up. They could be picked up while on the street but not in their home. A felony warrant would often give entry authority into their residence, but not one of another unless an additional search warrant is obtained.

    There are also differences between capias and warrants in some jurisdiction that would give different limits for enforcement.

    Don't believe all the cop shows on TV. There is a lot more to that job than meet the eye.

    2Reply
  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    7y

     No one's advice is going to be helpful until you clarify a little. Did these tenants agree to leave, then move out, and then break in? Or, did these tenants sign an agreement to leave, and then you changed the locks without making sure they left?

    if the cops come to handle a trespassing call, and the unit is filled with their furniture, they will assume they have established residency and they wont arrest. if the cops show up and there is a broken window and an empty apartment, you have a much stronger case for trespassing. Very different situations.

    0Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y

    Sheriffs handle civil matters, not police...and then, only under court order.

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  • Allan R.
    OP
    Rental Property Investor · Member since 2018 · 38 posts · 11 votes
    7y
    I have rent default insurance. Haven't used it thinking it will raise premium. The other 4 units are still paying the mortgage and have positive cash flow.

    Originally posted by @Aaron DiCaprio:

    You need to lawyer up and start the eviction process.  

    To give you peace of mind as you build your portfolio and get more experience, look into buying rent default insurance which will reimburse your lost rental income and some legal expenses when a tenant defaults.  It's affordable and tax deductible.

    Good luck,

    Aaron

    0Reply
  • Allan R.
    OP
    Rental Property Investor · Member since 2018 · 38 posts · 11 votes
    7y
    My property manager changed the locks thinking they were gone. There was stuff left, but in the living room. The rooms were empty. Not sure how they got in, thinking they purposely left a window unlocked. Something I would of checked if I was locking it up. 

    Originally posted by @Andrew B.:

     No one's advice is going to be helpful until you clarify a little. Did these tenants agree to leave, then move out, and then break in? Or, did these tenants sign an agreement to leave, and then you changed the locks without making sure they left?

    if the cops come to handle a trespassing call, and the unit is filled with their furniture, they will assume they have established residency and they wont arrest. if the cops show up and there is a broken window and an empty apartment, you have a much stronger case for trespassing. Very different situations.

    0Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    7y

    @Allan R.

    Your property manager's a blind fool at his job. If he wasn't, he would have explained certain things to you very clearly. Consequently, you had to come to Bigger Pockets to heard them.

    A rental contract is not enforced by the police. A termination of lease contract is not enforced by the police. Contracts are not enforced by the police. Contract law is civil law, not criminal law. These legal realities have been part of American culture since its inception, inherited from English common law, inherited from the Roman Empire.

    Get these people evicted legally, keep complaining ineffectually about the police, or do something really stupid and lose your shirt/go to The Big House. Your choice.

    Good luck, Allan. I know this sucks. The passive-income-financial-freedom-through-real-estate gurus never talk about this part of landlording. We all go through this a first time, sooner or later.

    5Reply
  • Mike Dymski
    Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    7y
    Originally posted by @Allan R.:
    I have rent default insurance. Haven't used it thinking it will raise premium. The other 4 units are still paying the mortgage and have positive cash flow.


    What's the purpose of rent default insurance if you are never going to use it?
    4Reply
  • Chuck Hupert
    Flipper/Rehabber · New Smyrna Beach, FL · Member since 2018 · 23 posts · 15 votes
    7y

    @Damaso Bautista I have a stongggg feeling the warrants were out of a different state and no extradition. It always amazes me people get into being land lords without understanding state laws thoroughly and who can do what. This just sounds like a painnnnnful lesson

    0Reply
  • Chuck Hupert
    Flipper/Rehabber · New Smyrna Beach, FL · Member since 2018 · 23 posts · 15 votes
    7y

    @Andrew Cornstubble thats called cop shopping and they got it right the first time. Learn the laws my man and stop giving this guy bad advice. Thats exactly what not to do...

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    I don't think if they signed a termination letter and It appeared vacated changing the locks was out of order, but make sure to take that document to court. You want to be clear that you didn't just change them without an agreement to leave and a reasonable belief they were gone. 

     I understand the OPs annoyance, made worse by the cops saying by the way there are outstanding warrants. If the cops are not going to enforce warrants they should  keep their mouths shut about them. What was the point of mentioning warrants besides adding fuel to the fire?   Stick to the issue.  We don't get involved in landlord tenant disputes, end of story.   Goodbye.  

    1Reply
  • Lee Bell
    Real Estate Appraiser · Isabella lake, CA · Member since 2018 · 628 posts · 491 votes
    7y

    The side of the cop car may say to serve and protect.

    It really means to drive and wave.

    The yoyo rule is in effect. You're on your own.

    0Reply
  • Al Pat
    Rental Property Investor · Atlanta, GA · Member since 2016 · 325 posts · 253 votes
    7y

    @Allan R. Simply put, her outstanding warrants is not your issue. During the background check did it show criminal activities on her record? Paramount issue here is you did not legally take possession of the property. She may have signed termination of lease but didn’t do final walk through and handed you the keys with empty house. Landlording 101: Don’t change locks and deny access to property when they still have their belongings in the house. That puts you at fault. You will lose in court for that, eviction is not that hard. Issue pay or quit notice immediately and then file for eviction, cops will then help you evict her once court order is received. And, keep in mind, if she gets arrested for any reason that doesn’t mean you get your house back. It actually complicated the process because she can’t appear in the court due to arrest and it’s up to the judge how to rule in this case. Start eviction ASAP before she gets arrested.

    1Reply
  • Account Closed
    Investor · Boston, MA · Member since 2018 · 61 posts · 46 votes
    7y
    @Allan R. The police are right about the contracts, that is a civil matter. Why they didn’t arrest her for outstanding warrants is beyond me. Begin the eviction process immediately. Once that is completed, then the police can get involved, as it is a court order to vacate.
    0Reply
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