Mentally Unstable Tenant

[JenniSam]

What is the name of your state (only U.S. law)? MI

I have another issue and I am looking for input from the community. Just signed a 12 month lease with new tenants April 1, 2015. Background and credit checks all came back good. 30 short days later we get a call from tenant A saying tenant B has been off his meds and was placed on an involuntary hold for 48 hours. Rent is not an issue, they have paid May's rent and are current. HOWEVER, tenant B is now back home and may be a danger to himself and others. His mother is in the process of trying to gain power of attorney to have him hospitalized. But in the meantime, he's threatening to do bodily harm to tenant A whom refuses to return to the property. To the credit of tenant A, he has agreed to continue paying rent until we find new tenants. He also informed us that tenant B has done quite a bit of damage to the house by punching holes in the walls, kicking down doors and frequently leaves the home open with music blaring when no one is home. My business partner contacted tenant B to ask if he planned to move as well and he said no, then rambled about the pounding in his head. Tenant A has also informed us that tenant B has acquired 1/2 a dozen guns that he obsessively cleans.

This situation is on a level I have never experienced or read about on any forum but I am hoping someone can give suggestions on the best course of action. I don't think this is one that I will attempt to handle on my own and I will probably contact an attorney Monday. I am concerned for the safety of tenant A so I am glad he left. We spoke with him and he's terrified. I would like to re-rent ASAP so he will not be held responsible for the rent while not living there but I am not sure how to get tenant B out without waiting for him to miss a payment. I honestly don't think he will miss a payment. He has a large inheritance that he draws from and will have no problem paying unless his mother can somehow gain control.

There is complaint we can file that requests immediate eviction based on "damage/health hazard to the property". I just wonder if that form would apply to this situation. If tenant A gave us the phone number for tenant B's mother would it be illegal/unethical to speak with her about the situation?

 

[FarmerJ]

It is doubtful there is such a form but what you should do is have pictures of the damages done in order to attempt to show the court when you evict based on your claim that the tenants have wasted the unit / vandalized the place, ( you might want to go talk to your local PD about the tenants violent behavior and the guns and see if you can get a officer to go with you to the house so you can get those pics ) {YOU Might be able to see if the officer would be able to charge the tenant with crime if she/he deems the damage to be a crime} once you have your pics then you don't have to have any more contact with the tenant until court since you can hire sheriffs deputies to serve the summons when you file for eviction , you may feel bad here Re the tenant who already moved out but that is the one who can also at this point be one way for you to gain access since they could go with you to let you in .( you may have to include that tenant when you sue for the cost of repairing the place and just let that tenant sue the one who went off medication )

 

[RyanSMiller1913]

Find out from Tenants mother what their Mental DISABILITY is.

If she(tenants mother) is aware then you can further understand what kind of disorder you're actually dealing with. Before you Call the Police Department you should be aware of this persons Disability. If you can help guide the mother in getting this person the proper treatment based on the Disability you can get them out sooner.

 

[quincy]

If she(tenants mother) is aware then you can further understand what kind of disorder you're actually dealing with. Before you Call the Police Department you should be aware of this persons Disability. If you can help guide the mother in getting this person the proper treatment based on the Disability you can get them out sooner.

It is not really the job of a landlord to "guide" their tenants into getting proper treatment for their disabilities. Not only is it not their job, landlords are not, for the most part, qualified to know what proper treatment is.

 

[JenniSam]

It is doubtful there is such a form but what you should do is have pictures of the damages done in order to attempt to show the court when you evict based on your claim that the tenants have wasted the unit / vandalized the place, ( you might want to go talk to your local PD about the tenants violent behavior and the guns and see if you can get a officer to go with you to the house so you can get those pics ) {YOU Might be able to see if the officer would be able to charge the tenant with crime if she/he deems the damage to be a crime} once you have your pics then you don't have to have any more contact with the tenant until court since you can hire sheriffs deputies to serve the summons when you file for eviction , you may feel bad here Re the tenant who already moved out but that is the one who can also at this point be one way for you to gain access since they could go with you to let you in .( you may have to include that tenant when you sue for the cost of repairing the place and just let that tenant sue the one who went off medication )

The form I am referring to is Michigan form dc100b which is titled as "Demand for Possession Damage/Health Hazard to Property". I have used it once before when a tenant re-wired the electrical in one house and almost starting a fire. I am just not sure it applies to this case.

I certainly think obtaining pictures would help with compelling a judge to grant an eviction but tenant A says he will meet us anywhere but at the house.

 

[FarmerJ]

Well then arrange for tenant A to meet you and a police officer there. try your local library for the form you are wanting they should have it . BTW RyanSmiller I would like you to know sad as it is that police officers have experience with developmentally disabled , mentally retarded , mentally ill, bi polar, and many people who are off meds , raging with anger and off their rockers. (besides the out of controi alcoholics and drug users) officers can be given a very brief run down but NO one needs to chase the tenants mom down to find out what his diagnosis is If the tenant who is off meds reacts so violently - badly etc they will end up in jail or a 72 hour psych hold. Jennisam If tenant A wont go with then see if you can do it alone with a police officer but In no way shape or form should you let tenant A off the hook, they are equally responsible since they could have called the police and let the other roommate go off on the cops and I have to sort of wonder if the one who moved out really did know it could get that bad or had any kind of hint since they must have known the roommate for some time ( not many so called roommates are 100 % total strangers when they are just sharing a apartment or house total stranger thing is more likely to be like when one person rents a room out to others.

 

[quincy]

Following is a link to Form DC 100b. It appears to apply to your described situation, JenniSam - but you will want to verify all that was told you by Tenant A before proceeding against Tenant B.

You should first provide notice to Tenant B that you will be entering the unit on such and such a day. It would be smart to have a police officer with you while you examine the property for damage and take pictures of any damage you find.

http://courts.mi.gov/Administration/SCAO/Forms/courtforms/landlord-tenantlandcontract/dc100b.pdf

 

[JenniSam]

Small update…

The attorney called back but only to say they are still looking into it.

Doesn’t seem like mom will be much help and said the “other tenant provokes him but don’t worry, he hasn’t hurt anyone yet”.

Since my last post the humane society called for a reference because he’s trying to adopt a dog. Currently, the lease does not allow for dogs until we provide authorization. I’m not interested in helping him establish “roots” in the home. So I’m not sure I’ll approve it.

Then… we received an urgent call from a neighbor saying he was patrolling the front yard (the previous day) with a gun and knife on each hip. I asked that they call the police if it happens again and they feel unsafe about it. They said they don't want to get involved. What?!

Mom says “he has permits for all 7 of his firearms and we shouldn’t worry because that’s his way of fighting crime”. She did confirm that he cannot afford rent on his own, so I suggested that she speak with him about moving as well. We are willing to let them out of the lease and It would probably be better for everyone. She said she would mention it to him but I couldn’t truly gage her position on him moving somewhere else. What stood out to me is that she didn’t at all suggest that he come home. In fact she said he’s doing much better than he was a week ago. Somehow that doesn’t make me feel better.

 

[commentator]

Quote:"Since my last post the humane society called for a reference because he’s trying to adopt a dog. Currently, the lease does not allow for dogs until we provide authorization. I’m not interested in helping him establish “roots” in the home. So I’m not sure I’ll approve it."

Excuse me, you're "not sure" you'll approve it? Are you nuts too? You'd actually consider saying something nice enough about this person that he could have custody of an animal? He may want to sacrifice it during the full moon!Or just kick it to death when he runs out of door and walls to break.

 

[JenniSam]

Quote:"Since my last post the humane society called for a reference because he�s trying to adopt a dog. Currently, the lease does not allow for dogs until we provide authorization. I�m not interested in helping him establish �roots� in the home. So I�m not sure I�ll approve it."

Excuse me, you're "not sure" you'll approve it? Are you nuts too? You'd actually consider saying something nice enough about this person that he could have custody of an animal? He may want to sacrifice it during the full moon!

Excuse me... I love animals. I haven't had anything nice to say about his behavior or even his mom so far. Unfortunately, I have no grounds to offer anymore information than they ask me. Other than hear say, I have no proof of any of it. I have no reason to think they are lying and yes he sounds strange when we speak with him. But that is all the proof I have.

The Humane Society asked what my rules are for dogs. I said I require renters insurance. They asked if he had it and I said not that I am aware of. Those were the only 2 questions. If the humane society does offer him the dog I am still working my reason for denying him authorization. It certainly wouldn't be because of his disability, that could be misinterpreted as discrimination.

 

[LdiJ]

Excuse me... I love animals. I haven't had anything nice to say about his behavior or even his mom so far. Unfortunately, I have no grounds to offer anymore information than they ask me. Other than hear say, I have no proof of any of it. I have no reason to think they are lying and yes he sounds strange when we speak with him. But that is all the proof I have.

The Humane Society asked what my rules are for dogs. I said I require renters insurance. They asked if he had it and I said not that I am aware of. Those were the only 2 questions. If the humane society does offer him the dog I am still working my reason for denying him authorization. It certainly wouldn't be because of his disability, that could be misinterpreted as discrimination.

How about a simple "his lease does not allow for pets"?