Tenant leaves front door open

Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes

I don't know what to do. I have a tenant that keeps the front door to my 3 family investment property open all the time. Every time I go there, the door is unlocked or not pushed shut. I confront him all the time on this and he says it isn’t him, even when I have witnessed it with my own eyes. I have asked, begged and yelled about the safety situation and he just doesn’t care. What can I do?

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Christine Kankowski

Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes

Is it listed in the lease to keep it closed? Could you have an automatic lock put in with a self-closing hinge?

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Christine Kankowski
Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes
6y
Is it listed in the lease to keep it closed? Could you have an automatic lock put in with a self-closing hinge?
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Barbara S.
OP
Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
6y
There is no lease agreement, he is month to month and has been there for 40 years. I assume keeping the front door closed and locked at all times is common sense and doesn’t require to be spelled out. Doesn’t matter if door is self locking, he props it open with umbrella or door mat.
1 Reply
Jeshua Patrick
Rental Property Investor · Charlotte, NC · Member since 2017 · 298 posts · 232 votes
6y
@Barbara S. is this door only to his unit or is it a common access for multiple units? Ultimately he is responsible for his own safety so long as you are providing a safe dwelling; however, if he is endangering others you have a couple remedies as I see it. First, you could ask him to sign a lease in which it states that he can be fined for unsafe acts in addition to other things you deem unacceptable. If he agrees to the lease then continues to do this, fine him and follow through on eviction proceedings if he doesn’t pay and cure the problem. Second, and probably less messy, issue a notice of non-renewal as he obviously doesn’t care about the rules.
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Barbara S.
OP
Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
6y
@Jeshua Patrick, he will not sign a lease agreement, in fact he refuses to sign anything. I just gave him a letter increasing his rent and I asked him to sign the acknowledgment of receipt and he outright refused. I had to hand deliver the notice to him because he refuses to sign for registered mail when it is delivered to him.
The door in question is the front door which is the only entrance to the building for all the tenants. He doesn't care that he is endangering others with his actions, he only cares about himself at this time.
I have reached out to a couple real estate attorneys hoping they can assist me with an eviction process because I just can't take him anymore. Besides the doors being unlocked, he has left the gas on his stove on and has flooded the bathroom on numerous occasions damaging the ceiling below. He just doesn't care how his actions affect anyone or anything.
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Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
6y
@Barbara S.
To answer your question, since it’s a common door you can add self closing hinges and a doorknob that locks when shut. No problem. Maybe $50-$100.
More importantly, is get this person out. Since he is on an oral lease, just give him 30 or 60 days notice (depending on state) that his lease is not being renewed. This is not an eco toon situation unless (until) he refuses to leave, or breaks lease terms (in this case paying rent).
4 Reply
Amy Beth
Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
6y
@Barbara S. I would just find out what the laws are in your area to now renew him and serve him with the proper notice. Then follow up on court if he does not leave. He sounds like trouble.
You could also change the door to a heavy self closing door. But I would still get rid of this tenant since your other comment mentioned additional problems with him.
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Jeshua Patrick
Rental Property Investor · Charlotte, NC · Member since 2017 · 298 posts · 232 votes
6y
@Barbara S. I would find out what the legally required notice period is and issue a notice of non-renewal immediately. I hope you have documented the damage he has caused. One thing that might be faster, and may mitigate further damage, is to offer him cash for keys. I wouldn’t give him more than 7 days to get out if you do that though.
1 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
You can add a self closing hinge and remove the door mat. If he's flooded the unit and left the gas on, he's probably not very safe. You shouldn't have to tell them to lock the door, but apparently you do in this case.
Are you willing to do some updates to his unit such that you can increase the rent and get a new tenant?
2 Reply
Jermell Shavers
Member since 2019 · 295 posts · 159 votes
6y
@Barbara S. Evict him he is a problem flooding the ceiling of the other unit.. you didn’t evict him already ? You self manage ? I evict for less. Especially with my lower income tenants
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Barbara S.
OP
Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
6y
I had contacted an attorney about 2 years ago regarding eviction. Was told they wouldn’t take my money because no one will forcefully remove someone at his age and mental state. So I called adult protective services. APS does nothing other than check on him. I called Mobile Crisis Unit about 2 months ago because he fell and refused medical attention. They came, evaluated him and determined he needed to go to the hospital for an evaluation. The ambulance refused to take him, the police showed up and said without a court order they cannot remove him. The MCU went back to the office, made phone all’s and was told to leave him alone. So a mental health unit which determined he needed services was unable to remove him! He has some guardian angel in his pocket protecting him at every turn.
I verbally raised his rent several times, he refuses to pay the increase. I mailed him notices, he refuses to sign for certified mail. I hand delivered a letter to him yesterday and asked him to sign that he received the notice and he refused. I gave him a bill for the damaged ceiling, he said it was too high and will not pay that amount. I’m stuck.
Does anyone in the NYC area have an attorney that can help with removing him?
When he leaves I need to gut the apartment, nothing can stay. All walls are written on. He hasn’t cleaned his bathroom in ages. And to be honest, the last remodel of the apartment was probably 20 years ago. Everything is old.
0 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
Talk to an eviction attorney. They should be able to serve him with papers for increasing his rent and then when he fails to pay the rent in full, evict him.
4 Reply
Jessica Bridges
Tampa, FL · Member since 2018 · 60 posts · 47 votes
6y
You can install a self-closing hinge. I also recommend giving him the notice to vacate, he is not willing to acknowledge rent increase or sign a lease.
0 Reply
Matthew Meikle
Realtor · Jacksonville, FL · Member since 2019 · 76 posts · 42 votes
6y
It sounds like you need that court order. The professionals aren't going to take this case on without one. If it were me, I would bite the bullet and hire an eviction attorney immediately. Once you add up the lost rents, damages, and increased liabilities this tenant brings you're better off starting proceedings now.
Another option? Sell it. Now he's someone else's problem. Not ideal, but I imagine this situation must drive you bonkers. Something to think about.
Best of luck!
Matthew Meikle
2 Reply
Quincy Lockett
South Holland, IL · Member since 2017 · 374 posts · 432 votes
6y
@Barbara S.
This is an open invitation to a rodent infestation. I would give him 30 days to Quit. His carelessness will eventually cause you to lose your other tenants.
30 or 60 DAY NOTICE depending on your jurisdiction.
1 Reply
Monica Lewis
Member since 2019 · 47 posts · 16 votes
6y
Inform him that if he can't keep the door closed then you will look to replace him. Don't just evict him immediately like everyone is saying, that's insane. He's been there for 40 years..
1 Reply
Anthony Wick
Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
6y
How important is this to you? You either fix the door to self close, let it go, or terminate his tenancy. It's clear his cooperation is not going to happen. But to be clear, you are not Evicting him. You are terminating his lease.
2 Reply
Amy A.
Portland, ME · Member since 2012 · 616 posts · 550 votes
6y
You should ask the tenant why he props open the door. I had a similar problem with an older tenant. She was propping the door open to the heated hall, which I paid to heat! I finally figured out that she was leaving it open for a stray cat. She felt sorry for the cat when it was cold out. I asked her if I could take the cat and give it a good home. Problem solved!
1 Reply
Barbara S.
OP
Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
6y
@Amy A., he props the door open because he doesn't know what key to use to open the door. I have gone through his key ring and put the 3 keys he needs to enter the building and his apartment on a separate keyring. Even with that, he insists on putting the wrong key in the locks. I have already changed the front door lock 2x because of the damage he causes by using the wrong keys. Yesterday he did it and it was because he was just going to the corner store and didn't want to be bothered with locks.
0 Reply
Barbara S.
OP
Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
6y
Thanks for your help and advise everyone. I have left messages for 2 attorneys, just waiting for them to get back to me. I did speak with one this morning and was told the something I have been told previously. No case because nobody is going to evict him. Hoping these 2 others may have some sort of experience in this area and can help me get him out.
To be honest, my mother asked him to leave about 15 years ago before all this nonsense started. He begged and pleaded with her to let him stay and unfortunately she complied with his request. He isn't going anywhere and in the meantime I will have to continue to put up with his BS.
FYI, self closing doors and locks do nothing when you are dealing with an individual intentionally leaving the doors open. He/she will always find something to prop the door open with.
Thanks again, if I hear back from an attorney with advise I will update.
1 Reply
Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
6y
He reminds me of my father-in-law (RIP). He was the most onerary, self centered person you could meet. I have multiple stories that show this but not my point.
He was not always this way. He was a father to 3 kids who loved him, a manager who had employees who adored him, a scout master (both of his boys got Eagle Scout), etc. He liked to hike, fish, camp, travel, do home projects, etc. He had many life long friends.
He was old. He was sore everywhere. He was weak and needed help with everything. He was mentally not as sharp as he once had been (but fortunately was still functioning well mentally, his issue was almost all physical which may be even more frustrating). He was frustrated with getting old (and helpless) and with his aches and pains. He was frustrated with the aging process and taking it out on the world.
My point is whatever action you take, take into account that he is old and likely frustrated with getting old. I am not saying you let him get away with flooding the units beneath him but I am saying to demonstrate compassion in whatever actions you take.
It is a tough situation. If I were a lawyer there is no way I take this case not because it would be hard to win but because of the consequences that would occur. I am pleasantly surprised that you are finding it hard to find a lawyer to take your case (not that I believe the lawyer stereotype).
Good luck
0 Reply
Michael Robbins
Property Manager · Henderson, NV · Member since 2018 · 501 posts · 317 votes
6y
I would suggest sending something in writing..... Recently, I have noticed the door being left open on multiple occasions. If there is an issue with the door latching or functionality please notify me immediately......
You do not want the tenant coming back after an incident has taken place and blame you for the door being broken, not locking, not latching, etc...
0 Reply
Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
6y
@Darren Sager, do you have any insight into NYC tenant laws?

@Barbara S., do you have to have an attorney to evict, or can you do it yourself? Regarding non-signature, simply note on the bottom of whatever document you are trying to get him to sign that you requested signature, tenant refused, and date/time stamp it with your own signature. You need to create a paper trail, and this consistent signing when he refuses will help you do that.
[email protected]Podcast Guest on Show #261
1 Reply
Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
6y
@Dan Heuschele if he is intentionally proving the door open, send notice that intentionally leaving the door open is a lease violation and attach a fee (if legal in NY). Then install a camera that points at the door.
This may be difficult in NY, but hopefully you can apply his rent payments to the unpaid violation fees then evict him for unpaid rent.
0 Reply
Anthony Rosa
Rental Property Investor · New York City · Member since 2019 · 703 posts · 538 votes
6y
@Barbara S., Your tenant has been living there for 40 years and sort of kind of thinks the place is his. Put a door closer on the door to make sure it latches and locks correctly if its a common area door. Let him know its a fire code & for personal safety. Do the other tenants talk to him, maybe they can get through to him.. Also, could it be not that he don't care but he is mentally deteriorating?
1 Reply
Darren SagerPro Member
Investor · Tampa, FL · Member since 2013 · 2k+ posts · 1k+ votes
6y
I agree with @Anthony Rosa @Mindy Jensen, I would put the autoclose mechanism on the door as a start and autolocks too. Simple. Start there and then if there's any more issues time to have further discussions with the tenant and attorney for possible safety issues.
862-208-2287 Podcast Guest on Show #48
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