My tenant is in a coma. What do i do?

Real Estate Investor · Glenwood, IL · Member since 2015 · 84 posts · 22 votes

I had texted my tenant a week or so ago asking when she was going to be able to pay her April and May rent since shed told me that she would be paying it weeks ago. I got a text from her son on her phone today saying that my tenant had a stroke on May 18th and has been in a coma ever since and that he would pay the rent for her. I told him how much it was and he said he would Zelle it to me. I have yet to receive it. Neither her son nor her girlfriend are on the lease. However, they are both at her house. This tenant has never paid her rent on time...even before the quarantine. Since she has a daycare, she qualified for unemployment due to covid and the loan from the paycheck protection program. Both of which she said she applied for. What can/should I do at this point?

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Nathan GesnerBusiness Member

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

The first thing I would do is verify she's actually in a coma. There's a 92.6% chance they're playing you like a fiddle. Maybe it's true, but I would do some research to try and verify.

Whether she's in a coma or not, the son and girlfriend are illegal occupants. I would find a good attorney and start action to get them out. If they want to stay, they need to apply, be approved, be added to the lease, and accept full responsibility for the lease and payment of rent.

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Nick Rutkowski
Rental Property Investor · Ithaca, NY · Member since 2015 · 1k+ posts · 1k+ votes
6y
@Samantha P.
How long does she have on the lease? Maybe let it run out and not renew it?
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Samantha P.
OP
Real Estate Investor · Glenwood, IL · Member since 2015 · 84 posts · 22 votes
6y
@Nick Rutkowski she has until September 2021. She was there when i bought the building. Shes in a coma now though. The people there now aren’t on the lease. Are they still responsible for paying?
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
AS long as you keep getting the rent, I'd leave it. Otherwise see what the expected medical outcome is and if the son has power of attorney (or whatever you call it in the US where he can make decisions for her) and ask him if he want to cancel her lease. If the stroke was severe enough that she's in a coma, it might be a long recovery for her.
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Peter M.
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
6y
@Samantha P. Wow this is a tough situation and you are going to look like the bad guy here but you have to file. The court may not let you evict because of the situation and because you are in a tenant friendlier state but the longer you wait the longer it's going to take. Try to contact the son and work out an agreement and document it, then if they dont pay you file. At minimum that way you will be able to tell the judge you were sympathetic to the situation and you tried. Good luck
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Jeffrey Chen
Member since 2020 · 9 posts · 10 votes
6y
First off, I hope your tenant is well. From my anecdotal experience as a physician, less severe strokes generally show improvement within a few weeks and the patients are sent home for rehab. If the stroke is more severe, they may have to transfer to a nursing facility(and may or may not return to the primary residence). Whether in a nursing fac or at home, the majority of recovery typically happens within 6 months.

This isn't medical advice but maybe it can help give you a rough timeline so you can make the right decision for both you and your tenant. Good luck, stay safe!
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Karen F.
Investor · San Diego, CA · Member since 2015 · 435 posts · 421 votes
6y
You have NO idea what is really going on here. The tenant may be dead, and the son doesn't want to tell you because he wants to keep living there. And it is unlikely that the tenant will ever return to your unit - if she lives, she's probably not going to be able to walk, would probably wind up in a nursing home. Plus, with coronavirus, she is very vulnerable, and has a high likelihood of becoming infected in the hospital or the rehab center, and dying. They are now 3 months behind in the rent. Ask the son again for the rent, and if he doesn't pay, your choice is either filing for eviction (but I doubt the courts are open where you live - they're not open in most of the US), or offering cash for keys to get the son and the girlfriend to leave, taking all the mom's stuff with them. Anything that they offer you, TAKE. After it's in your bank account, THEN offer them cash for keys to leave. The problem is, you have no recourse, since there is still a moratorium on evictions in IL. If you have low income, and you have a mortgage on the property, you can apply for money from a relief fund.
Even if the son and the girlfriend accept the cash for keys and move (and make sure you get them to sign saying that they relinquish all claims to the unit - they are your legal tenants, having established tenancy by living there), you're in a gray zone with the mother, since she is unable to conduct her own affairs. But you could argue that the son, defacto, was able to conduct her affairs in this matter. And as I said, she is very unlikely to ever be able to come back to the unit.
Get any rent you can out of them, then offer them cash for keys (a month's rent is about right, although they might take as little as half a month).
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Nick Rutkowski
Rental Property Investor · Ithaca, NY · Member since 2015 · 1k+ posts · 1k+ votes
6y
@Samantha P.
Oh okay, yeah you’re kind of stuck in a hard place right now. Your tenant should be paying, unfortunately due to her condition she can’t. I’d get in touch with a lawyer for a consultation, this is past my scope of knowledge.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y
The first thing I would do is verify she's actually in a coma. There's a 92.6% chance they're playing you like a fiddle. Maybe it's true, but I would do some research to try and verify.
Whether she's in a coma or not, the son and girlfriend are illegal occupants. I would find a good attorney and start action to get them out. If they want to stay, they need to apply, be approved, be added to the lease, and accept full responsibility for the lease and payment of rent.
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Karen F.
Investor · San Diego, CA · Member since 2015 · 435 posts · 421 votes
6y
Nathan is right, in a way, but the fact is that since they've been living there already, they have already established themselves as tenants, with all the rights thereof, but no responsibility to pay rent! This is why I always insist that every person 18 or older is on the lease, and signs the lease, and we add the kids on as they turn 18. If for some reason we have to file an eviction, we file on ALL the people 18 or older living there.
BUT.... it's coronavirus times, and there is no way to evict. Theoretically, you could tell them that they need to sign the lease, and take the lease you have with Mom's signature, add their names and date it and have them sign. Collect the back rent. If Mom were to recover, move home, and want them out, she theoretically could challenge them having been added to the lease - but that's not gonna happen (if in fact this story isn't BS).
Above all, be VERY polite and nice to them. They're sitting in the catbird seat right now, because you cannot evict them. Try to get them to pay as much of the rent as possible. Stay on them about it, in a very nice and polite manner. Be ready to file the eviction the SECOND that it is possible to do so - there were long lines outside the courthouses that began forming hours before opening, on the first day that it was possible to file in places that have already allowed filing.
Also, if you're in an area with only one hospital, you could try to call her at the hospital. You would call the operator, ask how to reach a patient, and they'll either give you a bedside number, or say that they cannot locate that patient. (Although this may be ancient history, what with HIPPAA).
It's kind of odd. Usually with strokes people die, or begin to recover some. It's not common to linger in a coma for a very long time. So if they're telling the truth, and the stroke was on May 18th, and she's still in a coma, they're either lying, or she's not long for this world.
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Sara Lucas
Member since 2019 · 3 posts · 1 vote
6y
@Samantha P. Contact an attorney to have your bases covered. Seriously. Maybe draw up a rent contract for the son and the other people.
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Samantha P.
OP
Real Estate Investor · Glenwood, IL · Member since 2015 · 84 posts · 22 votes
6y
@Karen F. Thanks! Her son finally sent me all of her past due rent this morning so she is finally current. However, her girlfriend did nkt want him to pay me and asked if i realized that covid was still going on. I cant wait til the courts open back up!
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Chris Herrera
Real Estate Agent · Addison, IL · Member since 2015 · 185 posts · 88 votes
6y
That’s a hard situation, but glad to hear they were true to their word and paid it to you.
Whether you think they’re lying or not, it’s important to take the empathetic approach and make sure to let them know you understand their situation.
If they’re telling the truth they’ll appreciate it and be loyal tenants for awhile since you were considerate, if they’re lying maybe they’ll feel remorseful (trying to think positive) and pay you what they can.
One of my tenants had a stroke when I bought my building and I’ve communicated entirely with her daughter for the last year. I’ve been flexible and understanding when it comes to rent collection and they appreciate that and always find ways to pay rent even if it’s paid by separate people.
If your tenants continued not to pay after you doing that then you would have to file once the ban lifts, but luckily you don’t have to and it all worked out for now!
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Karen F.
Investor · San Diego, CA · Member since 2015 · 435 posts · 421 votes
6y
That is fantastic! So if you're up to date right through June 1st, you NOW need to take your lease that the original tenant signed, and add both of their names to the bottom of it, make a copy to keep for yourself, and send it to them, along with a copy of your standard application for each of them to fill out and return, and with a letter saying something to the effect of "By law and for insurance purposes, all people 18 or over living in the apartment must be on the lease. Please sign and return, along with filled out applications and a copy of your state-issued identification (driver's license). Whether they sign it or not, they've established themselves as tenants there, by virtue of living there. So you might as well have them on the lease, and know their legal names, and hopefully find out where they work, their SS, etc.
If they refuse, you know what you're dealing with, and you can move to evict for people having moved in who are not on the lease - essentially, squatters. But maybe they'll just keep paying. The son seems to think that he should - but he might be influenced by the girlfriend. If you can possibly cajole them into you finding out their legal identities first, before you give them the applications and the lease to sigh, it would be a good idea. Social media can help you do this, if you know the young man's name.
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Franklin Romine
Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes
6y
@Samantha P.
Serve 3 day notice and start the eviction process. Start the clock to vacate occupants.
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Marlen Weber
Specialist · Plano, TX · Member since 2020 · 2k+ posts · 861 votes
6y
@Samantha P. It is definitely a tough situation to be in. Before you decide on what you want to do, seek legal advice. Keep us posted and best of luck.
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Mary M.
Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
6y
Wow, this is a tough crowd. Kid comes to take care of his mom and people freak out. Are you kidding? This is a totally normal thing to happen when someones mom gets ill and falls into a coma!
I would suggest some compassion and empathy.... why not talk with them and see what they want to do and what their intent is? seems like the best approach. Oh and yeah, talk to an attorney so you understand what your legal options are. But pls have a heart and dont evict someone in a coma!
2 Reply
Ian WalshBusiness Member
Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
6y
This is a tough one. I can tell you from first hand experience with a family member having a stroke, that space from something like this is greatly appreciated. You will have to make a personal decision. These are the kind of events where people find out if being a landlord is for them or not. Solving this will likely have a lot to do with your own tolerance. It is not an easy one.
1 Reply
Filipe Pereira
Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
6y
As others have said, trust but verify @Samantha P. . Can you verify that she had a heart attack? Was a 911 call placed? I highly doubt the hospital would tell you who is in their care, but some police departments release all dispatcher call records. That is probably where I would start.

You can also try to verify if the son had a prior living arrangement - or was he always living at the home?

This would normally be a hairy case, but with covid still being a thing, it makes things even worse. I too would be speaking with an attorney to get their thoughts on eviction.

Keep us updated, please! And please, for the love of all things that are investments, do not give up because of this one situation. This is a really unique scenario!
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Jessie ReddPro Member
Flipper/Rehabber · Raleigh, NC · Member since 2018 · 57 posts · 26 votes
6y
@Samantha P.
Have you verified that she is in fact in a coma? I’m sure you have verified it but just asking.
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Samantha P.
OP
Real Estate Investor · Glenwood, IL · Member since 2015 · 84 posts · 22 votes
6y
@Filipe Pereira Thank you! I wont give up! The son came there to quarantine with his mom when we first **** down. Prior to that, he’d had his own place. Im going to call a few hospitals and just ask to speak with her, they will tell me if there is no one there by that name. Im gonna speak to a lawyer this week about what to do.
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Samantha P.
OP
Real Estate Investor · Glenwood, IL · Member since 2015 · 84 posts · 22 votes
6y
@Jessie Redd no i haven’t verified it yet. Ill call hospitals today and tomorrow.
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Jessie ReddPro Member
Flipper/Rehabber · Raleigh, NC · Member since 2018 · 57 posts · 26 votes
6y
He should be able to provide you with some information from her doctor as well.
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Samantha P.
OP
Real Estate Investor · Glenwood, IL · Member since 2015 · 84 posts · 22 votes
6y
@Jessie Redd okay I'm going to call him for an update on how she's doing.
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Mary M.
Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
6y
Originally posted by @Samantha P.:
@Jessie Redd no i haven’t verified it yet. Ill call hospitals today and tomorrow.

Why not just ask the son where she is? Seems like you are making things harder on yourself.
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Samantha P.
OP
Real Estate Investor · Glenwood, IL · Member since 2015 · 84 posts · 22 votes
6y
@Mary Mitchell I don't have his personal phone number. He contacted me from his mother's phone. When I texted the phone back to ask him how his mother was doing, I received no response. I have no way of getting in touch with either of the people living in the unit other than driving there and knocking on the door. I'd rather just call hospitals.
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