Rental Property Investor · NC · Member since 2018 · 29 posts · 11 votes
So we have a very nice SFH that rents for a premium in a very nice neighborhood. We vetted the couple that moved in last year. Everything has been going fine, hell, they pay rent two months ahead every other month. They hand deliver the check to boot. I'll fast forward... The guy apparently developed a massive drinking problem, went off to rehab about a month ago, and the girl ODd this Wed., the word I'm getting is, they had to go Pulp Fiction on her with the Narcan if you catch my drift. She full on ODd in our house. We have of course served her notice to evict as of today...
We put the notice on the door and we e-mailed the notice to the guy that's in rehab. They/she is to vacate in 11 days, as such we will return her/their prorated prepaid rent money. Now, here's the rub. They're not married and are no longer together. He's adamant we're supposed to return the money to him and of course she says it's her money.
Who gets the money and how do we handle this little cluster??
Wow...that's a lot of drama. You sure have handled it well. The money thing is the easy part for this former banker: make the check payable to both of them. Mail it to the last known address - maybe your rental address - with "Address Service Requested" noted on the envelope that should also be addressed to both of them. The post office will then know that if there isn't a forwarding address on file, it should be returned to the sender.
Their money disputes are like their addictions - their own - so let them figure it out without dragging you back into their crazy. Always best to leave crazy where you found it.
Thanks for a wild read! Hope your next tenants are so DULL...
Wow...that's a lot of drama. You sure have handled it well. The money thing is the easy part for this former banker: make the check payable to both of them. Mail it to the last known address - maybe your rental address - with "Address Service Requested" noted on the envelope that should also be addressed to both of them. The post office will then know that if there isn't a forwarding address on file, it should be returned to the sender.
Their money disputes are like their addictions - their own - so let them figure it out without dragging you back into their crazy. Always best to leave crazy where you found it.
Thanks for a wild read! Hope your next tenants are so DULL...
The simplest of words in all my leases prevents this: Landlord may return entire Security Deposit to any Tenant or Cosigner, regardless of who originally provided Security Deposit to Landlord.
@Jim Morris, as to the deposit: write the check to the name(s) on the lease.
Also, I know you didn't ask for input on the eviction, but what's the justification for issuing it? Are they behind on rent, or is it for illegal activity related to this incident? Asking because if she OD'd on prescription medication, then it may not be considered illegal. On the other hand, if the eviction notice was triggered by illegal activity, is it supported by public record or other report you have a legal right to view? You really don't want to be challenged on this. If she wasn't or won't be arrested, you may not have much ground for the notice to vacate based on this specific incident. Consult with your attorney if you didn't already.
Great points Brit. It's a bit sticky there's no way around it. We actually terminated their lease and we don't have to cite any specific reason in NC, we just have to give 7 days notice, but we did let them know that they had three clear lease infractions. 1) Drugs are not permitted 2) they were smoking on the property/in the house and 3) their renters insurance had expired.
The police told us the call to the house was for an OD, and the vile of Narcan left behind helps to narrow down the drug of choice (which I have pictures of-pretty sure you don't pick that up at Rite-Aid). She's currently still in the hospital for some kind of mental evaluation as she evidently tried to kill herself. We're going to request the police report tomorrow.