Tenants not getting along - allegations of threats

Tenants not getting along - allegations of threats

Milwaukee, WI · Member since 2017 · 138 posts · 69 votes

I have a duplex I self manage where the tenants are not getting along.  There has been petty stuff for a while that I've tried to stay out of.  It sounds like it reached a boiling point on Saturday night.  Lower level is saying upper level threatened them.  They said they called the police but the police never showed up - I'm very skeptical of that in this area.

Both tenants pay on time and keep the place in reasonable shape but are high maintenance in terms of the things they contact me about and their bickering.  I don't really trust either of them at this point.

Lower is saying they don't feel safe and want to move - they signed a one year lease 7/1/21 and are paying a little under market.

Upper's lease expires 9/30/21.

Although I'm not excited about the potential for a completely vacant duplex heading into fall/winter in Milwaukee, I'd kind of like to get both tenants out and start from scratch.  The location is good so I'm optimistic about finding better tenants (haven't had problems in over a decade before these two).

I'm looking for help with three questions:

1) Do I have any responsibility to call the police or address the tenants myself, and if so, what do I even say?

2) If I want to let lower out of their lease, is there a specific type of document I need to have them sign?

3) If I don't want to renew upper, do I just send a letter that says your lease ends 9/30 and you need to be out by then?

Any help would be appreciated - this has been a stressful situation

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Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
5y

It doesn't sound like there's any advantage to holding lower tenant to their lease; they're high maintenance, they bicker with the upper tenant, and they're paying under market rent. If they are saying they want to move let them. 

Check your state landlord-tenant laws for how much notice you need to give for a nonrenewal of lease, also how it needs to be delivered. 

Get some tenants in there that are low maintenance, don't bicker with each other, and pay market rent. 

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  • Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
    5y

    It doesn't sound like there's any advantage to holding lower tenant to their lease; they're high maintenance, they bicker with the upper tenant, and they're paying under market rent. If they are saying they want to move let them. 

    Check your state landlord-tenant laws for how much notice you need to give for a nonrenewal of lease, also how it needs to be delivered. 

    Get some tenants in there that are low maintenance, don't bicker with each other, and pay market rent. 

  • Investor · MI · Member since 2015 · 227 posts · 478 votes
    5y

    1. No, my advice is to stay out of the drama.

    2. Let them go, and let them go easily. Tell them they can leave immediately if they want (that doesn't mean you need to give them their rent or deposit back, however). The last thing you want is someone being able to say that you forced them to stay in a dangerous situation. List the property as soon as you know they will be leaving to get a head start on filling the vacancy.

    As to the paperwork, what do you need? Write something up that said you release them from their lease effective immediately due to safety concerns, that should do it.

    3. For a non renewal you'd have to check state laws, but basically yes. 

  • Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    1.  100% No and I would stay out of it.  You don't need to put yourself in the middle of a drama and you calling the police could further inflame the situation and put your asset at risk.  They are fighting with each other no need raise your hand and unite them against you : ) 

    2.  Mutual release of lease.  Just a simple doc that says both parties agree the lease will end as of X date.  Describes any penalties or confirms none if the lease calls for them.  The normal SD disposition letter and move-out lists that you use as well of course.  

    3. Yup, just provide notice that the lease will not be renewed.

    Good luck! 

  • Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
    5y

    Hi Pete, time to hit reset, Wisconsin Legal Blanks has the forms for 2) and 3). Don't worry about the vacancy - so many landlords are selling properties right now, you'll get flooded with applications! We just got over 50 requests on a new rental in 24 hours... 

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