Dealing with Excessively Drunk Tenant

Dealing with Excessively Drunk Tenant

New to Real Estate · Denver, CO · Member since 2020 · 21 posts · 9 votes

I've been renting out rooms in my house for about 9 months now, on leases ranging from 3-12 months at a time. The experience has mostly been great so far, but at the beginning of May a new tenant moved in who has really started to scare me. He seemed very nice, quiet, and professional at first. But right after moving in (~3 weeks ago), he began drinking to excess, and has already been taken to detox once via ambulance once. He openly admits to being an alcoholic, but says his recovery is struggling after being laid off and because of the pandemic. He hasn't overtly endangered the property yet, and he is never violent or unkind. But almost daily, he can't stand up straight or maintain a conversation because of how drunk he is. I am scared both for the property and for my liability if he were to injure himself.

I am very new at this, so it didn't even occur to me to write anything into the lease about excessive drunkenness. It doesn't appear that I have any grounds to evict on the basis of the lease (it's a Colorado lease, if that matters), so I am planning to offer cash for keys.

Does anyone have any advice or suggestions that I'm not thinking of? Is there a strong way to screen for drug or alcohol abuse prior to signing a new tenant? Thanks for any words of wisdom you can share -- this is scary.

April

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y

I wouldn't tolerate it. Fair Housing Law probably doesn't apply to you as an owner-occupied, so I would play hardball and I would do it immediately.

I would tell him he has 24 hours to be out or I will bring a few burly friends over and we will escort him outside and leave him and his stuff at the curb. If he's not out in 24 hours, I would follow through without hesitation.

Change the locks and be done with it.

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  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    Look at his application and find his emergency contact and call them. 

    This is something his family needs to be involved in. 

    You can ask him to move, but IMO making that call is the first thing you need to do 

  • Portland, OR · Member since 2019 · 45 posts · 32 votes
    6y

    Whatever you do you need to be decisive and don't avoid it. I have a family member who's an alcoholic and the only thing that ever helped was kicking them out and cutting off financial support completely. Once that was done, and his friends also cut him off, it was amazing how quickly he decided to get it together! :) 

  • Craig CurelopBusiness Member
    Real Estate Agent · Post Falls, ID · Member since 2016 · 1k+ posts · 1k+ votes
    6y

    @April Dagonese - Your situation is tough no doubt. I am sure you want to keep good terms and do not want any hostility between you and the tenant.

    I actually had a similar situation. I talk more about it in my BP Podcast Episode, but the gist of it is... I had two meth addicts living in my basement. How they got there? I got greedy, over confident, and was being "too nice." 

    Anyway, the point is I had to get them out and I was afraid to disturb them. I texted them and said, 

    "Hey, I do not think this situation is working out. I am sorry, but I do need you to leave. If you can leave in the next 7 days, I will give you your full security deposit back, all of the rent you have paid, AND $500." 

    They both left in under 3 days.... 

  • New to Real Estate · Denver, CO · Member since 2020 · 21 posts · 9 votes
    6y

    Update for anyone who is interested... I hadn't seen the tenant (Joe) for a couple of days, but had been planning to ask him to leave and offer him cash. When I did see him again this past Thursday, it turned out he had checked himself into detox for two days. I let him know that he would no longer be able to bring alcohol into the house, and that if I or our other roommate saw signs of drinking again, he wouldn't be able to stay. He was very receptive and apologetic, and said that he understood.

    Last night, our other roommate (Mark) was fairly certain that the drinking had started again, and said that if Joe wasn't out by June 1st, he (Mark) would need to move out for his own well being. So I went over today to give Joe notice. I said that I needed him to be out by the end of the month, but that if he could be out within 3 days, I would give him back his security deposit, as well as another $500. He got very upset and insisted that he hadn't been drinking since we last spoke, and that he wouldn't be able to find anywhere else to go before the end of the month, and that I would have to evict him.

    I ended up feeling scared that he was going to make this even more difficult because I had backed him into a corner. So a couple hours later, I spoke to him again. He was pretty hostile at first, but I offered to give him the $500 up until May 31 (instead of just 3 days), and said that if he couldn't find a place by then, he would have until June 15 to leave. He was much more receptive this time and thanked me for being more flexible with him.

    Too soon to tell if he will actually be out by either May 31 or June 15, but that's the update for now. 

  • New to Real Estate · Denver, CO · Member since 2020 · 21 posts · 9 votes
    6y

    Final update... He's out! He left on June 1 instead of May 31, but I gave him the money anyway. Unsurprisingly, I found pills littered all over the room, and food and blood stains on some of the furniture. But all in all it doesn't look like anything too destructive happened. Thank you so much again, everyone, for your advice! This was a very painful lesson to learn, but it will change everything about how I rent in the future.

  • Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    6y

    Depends - Is this tenant causing damage or threatening other tenants?  You can use addiction as a defense for bad behaviors.  Give him a WRITTEN well-documented (place/time/date specific) notice.  See if he's breaking the lease otherwise (like drunk friends NOT on lease staying there).

    In OR, get an atty and see if you can get a 24-hour notice if nothing changes.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    6y

    Just wanted to add that when you rent rooms in your own home, you should use a month-to-month lease with a 30-day notice, no long-term leases, to protect yourself.  A lease cannot cover everything, and it's where you live, so not worth locking yourself in to living with someone who isn't compatible with you. 

  • Realtor · Denver, CO · Member since 2013 · 2k+ posts · 1k+ votes
    6y

    Glad to hear it worked for you! 

  • Rental Property Investor · Dayton, OH · Member since 2015 · 312 posts · 273 votes
    6y

    In the future, I suggest you should give you tenants a list of house rules so they know what to expect. Getting falling down drunk in your own home isnt respectable, but it's extremely common and it is not illegal. The kind of strong arm stuff @nathan cody suggest very definately is illegal and can escalate into severe violence. 

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