How do you deal with a mentally ill, problematic Tenant?

How do you deal with a mentally ill, problematic Tenant?

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

This is a long story, but I'll spare you the details. A tenant has been with us for four months and problematic since day one. She's from a particular state where people are known to be entitled and demanding and think highly of themselves, so we just thought she was "one of those people" and tried our best to handle her professionally while keeping our distance. Her parents live in the same apartment building and are extremely nice and helpful. When their daughter makes crazy accusations, they'll roll their eyes or ask her to go inside her apartment. Yesterday her mom actually locked their apartment door and refused to speak with their daughter. We received dozens of phone calls, long, rambling voicemails, and lots of text messages. Even when I set an appointment to meet her in 30 minutes, she still called and left a two-minute voicemail just repeating her complaint. After I addressed her concern, she called the owner for 30 minutes to complain about the problem and how I refuse to fix it. Then she sent another dozen texts to me at work, followed by several crazy reviews on Yelp and facebook groups.

I've had two mentally ill tenants that behaved the same way. One was evicted in 2014 (my last court eviction!). The other one (brain injury from car accident) was from a very wealthy family in Texas. Her family attorney was in contact with me for bill payment and a few other matters, so I was able to explain the situation and the family agreed to have her moved back to Texas.

I can't afford for my staff to spend this much time on one person or the stress that comes with it. I want to evict the tenant, but she's so irrational that I suspect it would take a court order. I plan to speak with the parents and see if they'll either get her under control or they can all move out without penalty.

How would you handle it?

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Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
5y

@Nathan Gesner,

I'd cut that cord as quickly as possible.  We always do M2M leases for tenants like that.    I simply say "If you aren't happy here, all we need is a 30-day notice of non-renewal."   I always tell people-- the door swings both ways, it cuts out the need for court and proving who did what wrong, simple and easy. 

Of the problems tenants we ended the relationships, I regret none of them.   The only thing I regret is dealing with their BS for as long as I did, should have pulled the cord quicker.

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  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    @Colleen F. I only talk to her parents because they live in the same complex. The parents are not on the daughter's lease, so I don't discuss the daughter with her parents. On Monday I spoke with her dad for 15 minutes while his daughter ranted and insulted me from five feet away. The dad kept asking her to go inside. Not once did I say anything about her to the dad or ask him to correct her. I treat them like two separate entities and will continue to do so.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    5y

    Use your camera phone to subtly video EVERY encounter with her and her parents, to protect yourself from future claims & lawsuits. Save them in Dropbox or something similar.

    If she makes any threats against you, your business, employees, family, etc, get a court restraining order against her.

    Start the eviction process to start a clock for everyone to come up with a solution.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Nathan Gesner your first post said " I plan to speak with the parents and see if they'll either get her under control or they can all move out without penalty."     So while I  didn't think you routinely spoke to them about her situation I got the impression you were planned to approach them on the termination at some point based on the above statement.  

    Me I would not have stood there for 15 minutes without comment. If another tenant was interrupting  I would have said maybe we can talk when we are undisturbed. 

    • Nathan GesnerBusiness Member
      Moderator
      OP
      Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
      5y
      Originally posted by @Colleen F.:

      @Nathan Gesner your first post said " I plan to speak with the parents and see if they'll either get her under control or they can all move out without penalty."     So while I  didn't think you routinely spoke to them about her situation I got the impression you were planned to approach them on the termination at some point based on the above statement.  

      Me I would not have stood there for 15 minutes without comment. If another tenant was interrupting  I would have said maybe we can talk when we are undisturbed. 

      @Colleen F. Wow, I did say that! To be fair, I may have had a drink or two. I haven't spoken to the parents at all, except to discuss their maintenance issue which was also promptly resolved and I received quite the praise for it. I just sent the tenant a letter explaining her options and anticipate more heated responses soon. It's basically an offer for her to leave without penalty or to stay and play according to the rules, which starts with an animal violation fee and one week to remedy it or face additional penalties.

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  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    UPDATE: she added the following picture to her Yelp review. Since its public, it's OK to share. This is a picture of her in the ambulance. She also shared her hospital discharge papers, which clearly show she was suffering from dehydration, low potassium, and hypokalemia (dehydration usually brought on by diuretics).



    We get all the reports, so I know the ambulance picked her up at 5:48. Her discharge papers from the ER (which she shared publicly and gave me a copy of) show that she was released about two hours later. The discharge says she was sent home with instructions to hydrate. No mention of poisoning from noxious gases. Hmm...
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  • Member since 2021 · 237 posts · 153 votes
    5y

    @Nathan G.

    Mitigate losses. Money. Time. Sanity.

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    5y
    Originally posted by @David Goodman:

    @Nathan G.

    Let’s be careful not to stigmatize mental Illness.

    I operate a couple recovery homes, and work with people who have mental health issues.

    If it were me, I’m willing to do a little extra work and see if we can make this work. I think I’d try to find out if she’s actively working through some of her issues with mental health services. If she isn’t, the problems will not resolve themselves. If she is, I’m willing to see if she can get it together.

    Also - if she continued to be a problem, I consider raising her rent to a number that made sense for the amount of time and energy needed to manage her unit.



    Wrong on all counts. OP is running a business here, not a recovery house. I'm sure he's a nice guy and all that, but you're asking him to suffer - mentally, emotionally and financially.....not to mention the other tenants and residents of the premises and area. All for one poor troubled soul. I don't think that even makes sense in your world. And to accuse him of stigmatizing this means you need to look up that word. He is simply describing the situation. I understand that you're in this business - and therefore prejudiced - but look at from his eyes not hers. She is a risk to his business, his property, himself and his other tenants.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Nathan Gesner wow now you get hospital discharge info, definitely TMI..    waiting  to see how she responds to cure or quit. 

  • Rental Property Investor · Seattle, WA · Member since 2017 · 383 posts · 248 votes
    5y

    I'm sorry this is happening. If I were you, and I've had glimmers of this - I would stay above boards as you are. Don't give her more time than she absolutely needs. Keep the - "Let's meet at 2:15 to discuss your complaints, I have 15 min" and then if there are real complaints, deal with those as you would anyone else. And hard out after 15 min. Hopefully in that time you can express some of your concerns about her behaviour and show her that you are listening and care about reasonable issues. If said issues are made up and irrational, I would simply say, "Hey this doesn't seem to be a good fit for either of us, I'd be happy to let you out of your lease early with no penalty - why don't you think about that and get back to me?" And help her move on. If she refuses to - you and the staff should set hard boundaries for the next 7 mo and do not renew. As for the parents, I think it's ok to mention your talk with their daughter to them under the pretense of 'concern for her unhappiness with the building' but I wouldn't get too deep there. Ugh best of luck, pal.

  • Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    5y
    Originally posted by @David Goodman:

    @Nathan G.

    Let’s be careful not to stigmatize mental Illness.

    I operate a couple recovery homes, and work with people who have mental health issues.

    If it were me, I’m willing to do a little extra work and see if we can make this work. I think I’d try to find out if she’s actively working through some of her issues with mental health services. If she isn’t, the problems will not resolve themselves. If she is, I’m willing to see if she can get it together.

    Also - if she continued to be a problem, I consider raising her rent to a number that made sense for the amount of time and energy needed to manage her unit.

    We are not trained or qualified to assess mental illnesses and their resolution.  And the appropriate rent to do so would not be feasible.

  • Investor · Shakopee, MN · Member since 2017 · 102 posts · 60 votes
    5y

    I have a similar situation... Man and woman with a young child, and the woman is definitely mentally ill.  They seemed okay at first, but then after one heat issue about 6 weeks after they moved in that got dealt with very quickly, she told the PM that she was sick of "issue after issue" with the place.  

    Next, she fixated on the lights.  She insisted the halls weren't bright enough (this is a 4plex with a common area, 2 up, 2 down), so I installed extra motion lights.  (Also, there are additional interior and exterior lights on a timer that go off when it's dark outside.)  When the motion lights weren't enough, I had the PM send a notice to every tenant in the building that they could install a motion light of their choosing and I'd reimburse up to $30.   No takers - not even her.

    She sent messages and emails to the PM threatening to sue, saying she had fallen down the stairs multiple times, that her friends and family kept falling down the stairs.  She claimed she messed up her knee multiple times.  I think to-date she's said something like 30 people have fallen down the stairs - including a police officer who she allegedly called because she rents from  a "slumlord."  She also posted notes around the building about how she was suing me.  

    After multiple warnings not to fill kiddy pools in the backyard, which is a space for all tenants to share, a lock was placed on the hose and she called the police on me.  The poor officer was so confused... there was no criminal action so there was nothing to do.  (The tenant did actually throw something at my partner, but she missed by a mile and we didn't want to see her get in actual legal trouble.)

    She sends long messages to the PM that often start with complaints/threats, turn to apology and desire to make things right, then go back to threats, all in  the same text/email.  She calls the PM really terrible names about her physical appearance.  She's made physical threats to me and the PM on multiple occasions.  

    She found my personal contact info and facebook page and started sending me threatening messages directly.  I asked her to stop contacting me.  She still sent several more messages, so if it continues, I could file for a harassment restraining order.

    The tenants are also filthy.  They leave trash and personal items in the hallway and don't respond to notices to clean it up.  They leave trash all over the yard.  They have dogs  and don't pick up the poop (my mower almost quit on me over it).  I let them have a grill and they dump charcoal in the parking lot.  

    They also have 2 dogs allowed under their lease, and they have a third dog now.

    My PM said even with moratoriums lifted, this isn't enough to evict - the trash, the failure to respond to notices, the lease  violations, the harassment - so we got them to sign an amendment to their lease to agree to 8/31/21 at the ending date (rather than spring of 2022), and immediately sent a notice to vacate.  (I'm in MN - would love to hear anyone else's input on this, because  I can't believe repeated lease violations, a third pet, and harassment isn't enough!)

    Sounded like an okay result... Except now she is sending threats to the PM again, saying we can't force them to leave.  So I have no idea what comes next.  We haven't advertised the unit for rent yet because  I was nervous that she wouldn't leave.

    Good luck with your tenant.  This is such a difficult thing to deal with because on a personal level, I wish this tenant would seek help because she is clearly deeply unhappy with her life.  But on a business level, she needs to go away - I have a PM and I was still spending 3-6 hours a week on her complaints and threats.  

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    5y
    Originally posted by @Nathan Gesner:

    @David Dachtera I don't use an attorney very often. I can typically figure things out on my own.

    The law is not a question of "figuring things out". It's a question of knowing not only the law but how the court is likely interpret it (case law - maybe not the same as your opinion / conclusion).

    That said, you came here for help "figuring things out". Why not seek educated / experienced / professional / qualified input?

    I know you think you're saving money not using legal professionals ... ask yourself: how much money can you AFFORD to save?

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    5y
    Originally posted by @Raquel D.:

    I have a similar situation... Man and woman with a young child, and the woman is definitely mentally ill.  They seemed okay at first, but then after one heat issue about 6 weeks after they moved in that got dealt with very quickly, she told the PM that she was sick of "issue after issue" with the place.  

    Next, she fixated on the lights.  She insisted the halls weren't bright enough (this is a 4plex with a common area, 2 up, 2 down), so I installed extra motion lights.  (Also, there are additional interior and exterior lights on a timer that go off when it's dark outside.)  When the motion lights weren't enough, I had the PM send a notice to every tenant in the building that they could install a motion light of their choosing and I'd reimburse up to $30.   No takers - not even her.

    She sent messages and emails to the PM threatening to sue, saying she had fallen down the stairs multiple times, that her friends and family kept falling down the stairs.  She claimed she messed up her knee multiple times.  I think to-date she's said something like 30 people have fallen down the stairs - including a police officer who she allegedly called because she rents from  a "slumlord."  She also posted notes around the building about how she was suing me.  

    After multiple warnings not to fill kiddy pools in the backyard, which is a space for all tenants to share, a lock was placed on the hose and she called the police on me.  The poor officer was so confused... there was no criminal action so there was nothing to do.  (The tenant did actually throw something at my partner, but she missed by a mile and we didn't want to see her get in actual legal trouble.)

    She sends long messages to the PM that often start with complaints/threats, turn to apology and desire to make things right, then go back to threats, all in  the same text/email.  She calls the PM really terrible names about her physical appearance.  She's made physical threats to me and the PM on multiple occasions.  

    She found my personal contact info and facebook page and started sending me threatening messages directly.  I asked her to stop contacting me.  She still sent several more messages, so if it continues, I could file for a harassment restraining order.

    The tenants are also filthy.  They leave trash and personal items in the hallway and don't respond to notices to clean it up.  They leave trash all over the yard.  They have dogs  and don't pick up the poop (my mower almost quit on me over it).  I let them have a grill and they dump charcoal in the parking lot.  

    They also have 2 dogs allowed under their lease, and they have a third dog now.

    My PM said even with moratoriums lifted, this isn't enough to evict - the trash, the failure to respond to notices, the lease  violations, the harassment - so we got them to sign an amendment to their lease to agree to 8/31/21 at the ending date (rather than spring of 2022), and immediately sent a notice to vacate.  (I'm in MN - would love to hear anyone else's input on this, because  I can't believe repeated lease violations, a third pet, and harassment isn't enough!)

    Sounded like an okay result... Except now she is sending threats to the PM again, saying we can't force them to leave.  So I have no idea what comes next.  We haven't advertised the unit for rent yet because  I was nervous that she wouldn't leave.

    Good luck with your tenant.  This is such a difficult thing to deal with because on a personal level, I wish this tenant would seek help because she is clearly deeply unhappy with her life.  But on a business level, she needs to go away - I have a PM and I was still spending 3-6 hours a week on her complaints and threats.  

    Oh no, no, no. Once I get one threat (veiled threats count), that tenant is on the way out. Never ever, make threats back. This is why these moratoriums suck so bad. Why do you have a PM anyways if you are dealing with the cray-cray?

    Here's what you do.

    Block the tenant on FB and if she has your phone number block her as well. If she gets a new number and calls again, hang up do not engage and block that number. Refuse to engage this tenant in person or by phone

    Either fire your PM and deal with this yourself or direct your PM to deal with this as follows (and you stay out of it and put it out of your mind) :

    (You do have a system for written problem reports, right? If not put one in place and require tenants to use the system) My lease requires
    tenants to report problems via our problem reporting system. Our state law requires tenants to make dated complaints in writing with 30 days
    for the landlord to cure before rent can be escrowed, learn the rules inyour state.

    Determine if your lease permits you to fine the tenant for lease violations and/or failure to do required maintenance/upkeep. If yes, start charging.

    Document. Document. Document. Especially complaints from other tenants. whoever is in charge should call them and ask how things are going.

    MN has a non-payment moratorium thru 6/22. Her lease ends 8/31/21, You've already noticed her to vacate so check with a lawyer and see if you can evict holdovers that don't leave.

    If your lease permits it or is silent on the matter of personal items in the common area, post a note in common areas saying that items in left in common areas will be throw out on a weekly basis. Notify tenants of this rule as required by your lease and/or state law.

     Hire a day-laborer for once a week to take before and after pictures, mow, scoop the poop and clean up trash which includes personal items left in common area (make sure he removes the post it notes which are trash).

    Only Address specific realistic complaints when they are made in accordance with the terms of the lease or local laws (others don't count) and ignore the noise.

    If the request or complaint is unreasonable, reply in writing that this is not something that your will address and close the ticket.

    If you have a repeat complaint for something already adequately (by your estimation) addressed send one reply indicating that this complaint has been addressed and close the ticket. 

    If it appears to be a real issue, send out maintenance and/or a third party vendor and have them document (and fix) the problem and document interactions with this tenant.

    Everything else, unless it is a legal summons, is noise. IGNORE all noise.

  • Real Estate Broker · Watertown, NY · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    @Nathan Gesner - My favorite!  

    I try to bribe them out.   If that doesn't work, then I use the courts.    

    Buy them a nice 2 month vacation in exchange for the keys.  

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