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
Moderator
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 · Clayton, GA · Member since 2020 · 185 posts · 152 votes
    6y
    I'll bet some cash, and a keg of his favorite beer and dude moves on under his own accord. Heck no shortage of amazing beer in to offer up in Denver!!!!
  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    I'd start with a 30 notice of non-renewal. No reasons required. If he does not leave you will need to evict or cash for keys.

  • Nathan GesnerBusiness Member
    Moderator
    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.

    The DIY Landlord Book4.7248 Reviews
  • Specialist · Plano, TX · Member since 2020 · 2k+ posts · 861 votes
    6y

    @April Dagonese that is a tough situation for sure. It sounds like you have some options though those will be tough as well. Please keep us posted on how you handle this situation. I'm sure it will be very useful for lots of folks. 

  • Flipper/Rehabber · Lakeland, FL · Member since 2019 · 131 posts · 91 votes
    6y

    @April Dagonese

    I’d err on the side of encouraging him to find another place. Some cash and anything to assist isn’t a bad move. Last thing you want is this guy thinking that you are ruining his life or putting him in a bind. That is when people do get violent (drunk doesn’t equal great decision making either).

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y

    Don't worry about whether or not the lease says anything.  Just go for it, and see if he fights you.  

    Take the strong stance that you're kicking him out because of his behavior, and act as if you have every right to do so.  Be confident.  He probably won't fight you on it.  If he says he's going to fight you, tell him all you have to do is call 911 and tell them he shoved you.  Does he want that?

    Just in the event he tries to bully you, is what I'm sayin'.  What you need to do is take the strong, confident stance.  This is what works for bullies. 

    Now, it's entirely possibly that you can kindly tell him he needs to move out because of his drinking, and he may calmly agree and just move out.  But, you know what to do in case he doesn't.  Be tough and righteous and confident.

    And by the way, fair housing laws don't apply to roommates, normally.

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

    Thank you so much, everyone, for your responses!

    For those of you who have mentioned Fair Housing Law, @Nathan Gesner and @Account Closed, is that true even if there's a lease in place? How do you differentiate a tenant vs a roommate -- is it just whether I live there too? And if he does qualify as a roommate, does that mean a lease is meaningless?

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y
    Originally posted by @April Dagonese:

    Thank you so much, everyone, for your responses!

    For those of you who have mentioned Fair Housing Law, @Nathan Gesner and @Account Closed, is that true even if there's a lease in place? How do you differentiate a tenant vs a roommate -- is it just whether I live there too? And if he does qualify as a roommate, does that mean a lease is meaningless?

     Learn your state and federal laws.  You should know them BEFORE you go into business.  You can start here: https://store.nolo.com/products/landlord-tenant

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

    Fair Housing Exemptions

    The exemption is especially pertinent because you are occupying the same space. It would be reasonable for a single woman to not want male roommates, or a Muslim may not want to room with a Jew.

    The DIY Landlord Book4.7248 Reviews
  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    6y

    Spend $100 on 5 bottles of Everclear, stand them up outside his door, knock and walk away. Too bad, so sad.

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

    Yeah, I have been attempting to research this for a couple weeks now, but it's been difficult to find good resources on house hacking rights specific to a state. It's easy enough to find info on Landlord/Tenant Agreements or Roommate Agreements separately in Colorado, but I'm still not clear on whether it's the type of agreement itself that determines the difference, or whether it's something else. Anyway, not trying to pawn the research off on others. I've just had a hard time finding solid answers :)

  • Realtor · NY · Member since 2020 · 167 posts · 169 votes
    6y

    @April Dagonese I am so, sorry for what you are going through.I dont have colorado experience but regardless, I would heed the advice of the others..take a strong stance, don't *****foot around this one. 30 days is too long a wait for an excessive alcoholic. Seek an immediate solution.

  • Matthew Irish-JonesBusiness Member
    Real Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    @April Dagonese a local real estate attorney will have all of the answers. It will be worth the phone call and the fee to get the best legal solution to your problem.

    Irish Jones Realty4.947 Reviews
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  • Real Estate Agent · Springfield VA · Member since 2018 · 479 posts · 400 votes
    6y

    @April Dagonese I would first try to sit him down and have a conversation. I would write down how he makes me feel and other tenants in the house. I would share it with him.

    I would then tell him 2 options:

    Option number 1: He gets drunk again, he has 3 days to leave the property.

    Option number 2: He can leave right now.

    A lot of people is in tough situations right now and I understand some do not listen and you have to be more aggressive with them. However, I would still try to see what is going on with him and reach an agreement through a conversation. You said he has never been violent. So it seems you could speak with him, when he is not drunk. I have a property in Denver that I house hacked and I have had similar situations.

    Trying to be empathetic has always worked better for me than threatening somebody.

  • Nashua, NH · Member since 2017 · 66 posts · 58 votes
    6y

    @April Dagonese you need to realize that people do not stop these things until they have became so filled with drama that they hate the activity. It’s called rock bottom. Kicking him out will make him hate drinking a little bit more and move him towards rock bottom. Although they may not know it yet, making them responsible for their actions is the best thing you can do for an addict.

  • Clint ShelleyPro Member
    Surveyor · Dothan, AL · Member since 2014 · 425 posts · 391 votes
    6y

    If he's a good tenant when he's sober, talk to him and tell him to go to AA and get cleaned up. That would be the only way he could remain. Say he gets clean and you have no more problems. Win win. If he'll agree to it, make him sign an addendum to the lease, which will now help you in case you need to evict. I know it's not your job to be his caretaker, but you may be the one who gets this guy steered in the right direction. Good luck.

    Clint

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    6y

    @April Dagonese I think the wildcard here is a claim of disability on the tenant's behalf - and substance addiction is to the best of my knowledge is considered a disability.

    Here's a link to Colorado's Fair Housing laws: https://colorado.gov/pacific/d...

    There may well be exceptions for an owner-occupied multi family, but I don't see it referenced in that brief overview.  I know that many states (and I'll guess that it's pretty much all states), fair housing is taken very seriously with the potential for catastrophic fines for violators. 

    In Maine, it's a hefty fine of $20,000 for the first violation, $50,000 for subsequent violations.

    @Matthew Irish-Jones is exactly right.  Find a local real estate attorney and get a reliable answer to your question.  The other thing you might try is to call your local legal aid / tenant advocacy organization and ask there.

    BTW - don't forget that you're not only dealing with federal fair housing laws, but also the state, which can be even more restrictive.

    Slow down and be sure you understand all of the tenant's rights and ramifications of evicting before doing anything.  

  • Chris LopezPro Member
    Real Estate Agent · Denver, CO · Member since 2015 · 1k+ posts · 858 votes
    6y

    @April Dagonese Make sure research Mrs. Murphy's Exemption in general and for CO. Here's a summary for CO:

    It's really designed for owner-occupant situations. 

    Personally, I'd pick a time (when he's sober), have your iphone recording the conversation, and tell him you're not comfortable with the situation. Tell him if he leaves in 3 days, you'll give a $500 cash. Then go up as needed. A conversation and some cash can go long way. I would do that before paying a lawyer.

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

    Thank you so much, everyone. I'm going to speak to him Thursday morning, when hopefully I can catch him more sober.

    He says he does want to get back into recovery, but all in-person AA meetings are shut down right now with Covid. And he's been very resistant to the idea of Zoom AA meetings.

    @Chris Lopez It does look like I am exempt, based on this verbiage:

    Which would give me the right to use alcohol abuse as grounds for denying tenancy, but it doesn't change my ability to end a lease contract early if he's not willing -- is that how you understand it?

  • Chris LopezPro Member
    Real Estate Agent · Denver, CO · Member since 2015 · 1k+ posts · 858 votes
    6y

    @April Dagonese I hate to say this, but I'm not going to comment. That is something you definitely need to speak with a lawyer about to confirm. I'll send you a couple. 

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

    No worries at all -- thank you @Chris Lopez!

    I have spoken to one (online) lawyer so far, who said I don't have any grounds because there was nothing written into the lease that the tenant has violated.

  • Chris LopezPro Member
    Real Estate Agent · Denver, CO · Member since 2015 · 1k+ posts · 858 votes
    6y

    @April Dagonese In different business situations over the years, I've had really good luck with a frank conversation and cash!

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

    Stop wasting time listening to us keyboard jockeys and call these guys. https://www.thslawfirm.com

  • Real Estate Agent · Scottsdale, AZ · Member since 2019 · 448 posts · 320 votes
    6y
    Originally posted by @April Dagonese:

    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

    I think you need to tread -very- carefully on this one.  I recommend you don't do anything without consulting a lawyer first.  The tenant may have a legitimate mental problem that is triggering their behavior, and if they are that volatile you don't want to do anything that causes them to go off the deep end. I would talk to a lawyer, see what your options are, and in the interim start documenting everything (dates and times of ambulance rides, behavior, even video evidence) and building a case for eviction before offering cash for keys.   There might be a good reason why this person is spiraling down and you should do some due diligence first.  As you said they haven't done anything violent or unkind so try if possible to give them the benefit of the doubt for now.  

    As for screening potential renters ahead of time for drugs etc. that's a question for a lawyer but that seems awfully invasive to me.  If a landlord insisted on me taking a drug test before renting to me I'd stop and wonder what kind of people were living in that building in the first place.  

  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    @April Dagonese a final thought...........alcoholics/drunks are unpredictable especially when not drunk. I would suggest you not have any one on ones with him. You need a witness/show of strength in your corner. All the best!

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