How to - deal with possibly mentally disabled tenants?

So I received a phone call from the condo association where I am currently renting a unit to an individual whom I've never met nor spoken to. (The lease was handled through my realtor.)
Evidently there have been some complaints from the neighbors about her screaming through the night, at all times. I have been warned that I will be billed for every time the police show up - which evidently has already been a few times. I found all this out after I contacted my realtor to list the unit for sale. Aside from hiring a lawyer, what are my options at this point? Basically what I'm looking for is how to handle the situation. AFAIK I can't inquire as to the extent of any disabilities - which I'm assuming are involved as the tenant is Section 8.

The first thing I can think of is to drop by and see who the hell is renting your house. Stop by and say hello, and chat for a few minutes and "inspect" your property, and you will probably learn something. Don't ask about anything, just meet the person and let them talk, allow awkward silences to that they keep talking, and you'll probably learn just about all you need to know.

Maybe she just has night terrors Aaaah! Cobras!!

Section 8 does not necessarily mean disabled.

If the Realtor is handling the management of the property (locating tenants, etc.), shouldn't they be involved in helping with the problem they created?

Why would you need to inquire as to the extent of any disabilities? Sounds like you are not even sure there are any.

I think you should inquire of your Realtor whether the tenant you paid them to place in your property is capable of maintaining the terms of the lease, the regulations of the association, and the laws of the community.

If not, I'd say your real estate sales contract is null and void based on the incompetency they have exhibited in representing your interests, which they are bound to uphold.

If they want to make good on it to maintain a good business relationship (in order to earn the sales commission), maybe THEY should consider paying the fines for the police showing up, or handling an eviction of the tenant.

Treat them like you would anyone else, just don t ask about disabilities and or other points that could be deemed discrimination.

If they are getting you fined, then you fine them to cover the expense that they incurred. The same as if they took a sledge hammer to the toilet or something.

Section 8 means only that the rent is government subsidized. But it does come with a lot of strings attached where eviction is concerned, which is why my dad refused to get involved with it. That's going to be your biggest problem with this.

It is not possible for the police to make you responsible for the actions of your tenant or bill you for the visits, that is complete bullshi+. Believe me- my dad went through that with dope dealers. A local attorney with delusions of grandeur tried to seize his property under the RICO statute and lost in court big time. It was embarrassing for the local sheriff's department because he produced letters he had written to the sheriff pleading for help with the problem.

Do not try to handle this yourself. You need to get the police chief involved, explain to him/her the situation. GET THIS IN WRITING! That's what saved my dad's bacon big time; the attempted seizure was illegal to begin with but the ignored letters were the icing on the cake for his defense.

If there is a local mental health advocacy group, get them involved. The idea is to have this person seek help before anything worse happens.

Good luck- you are going to need it.

I would think if the realtor is handling the lease, this is their problem, not yours. You are paying them to keep your condo leased and this is part of it. They get the bad with the good.

If it falls in your lap, I'd have a talk with the tenant and explain the situation to her. Explain the problem, work with her to resolve it and let her know that any bills you get from the police department will be passed on to her. I'd put that part in writing.

You know, without the context set in the thread title, there are some very disturbing potential interpretations of your post...kinky neighbors at best, some Saw E36 M3 going on at the house at worst...

I'm not sure what the issue is. Crazy or not, the screaming is enough to boot her. End of story.

The relationship with a realtor doesn't work that way. The realtor brings you a tenant and you decide whether or not to accept. A good realtor won't bring you a known bad tenant, but it's your name on the property and your name on the lease so liability passes to you and not the realtor. They are a facilitator in the transaction.

And the condo association is going to try to go after you since their only relationship is with you, not the tenant. You're stuck between the two, which sucks. They go after you, hoping to spur you to go after the tenant. Whether they can fine you for your tenant's actions is up to your condo agreement, I kind of bet they can. You definitely have my sympathy, this would be a stressful situation to be in.

Hopefully your lease with the tenant has a "rules" section, one of which would be a prohibition on excessive noise. Usually excessive noise is defined in the lease as enough noise to disturb other tenants in the property. If so then they are definitely in violation of it. Have you read over your lease to see if it covers noise?

Keep in mind I am not a lawyer, and ideally you should see a lawyer practiced in the landlord end of property law. But if funds are tight, take this advice as worth what you paid for it.

It's reasonable to expect a tenant to not disturb other tenants, so even without that clause in the lease, your next step would be to send the tenant a letter telling them they are in default under their lease due to noise, to cease all noise violations immediately, or to move out. If you want them to move out either way then just say they are in default due to noise and to move out within a certain time period. (Your lease might spell out the time period, in the default section, reiterate that in the letter.) They can "cure the default" and stay but your letter doesn't have to tell them that, that's up to them to figure out by reading their copy of the lease or by engaging a lawyer.

I bet you could find a boilerplate "notice to move out" letter online and modify it to add the noise as the cause. Let me know if you want help finding one.

If they do not leave and do not cure the default, I think your only real option at that point is eviction. I've never had to go through that (knock on wood) but know it can get messy and you almost certainly want to talk to a lawyer for advice at that point.

Datsun1500 wrote: If the realtor handled the whole thing, it's their problem, not yours. That's why you used them, so you did not have to deal with the headaches.

No, it's still his problem because he's the owner, but the Realtor has been paid to handle situations such as this so definitely lean on them and their broker. And if that doesn't get you anywhere complain to the state. They have to deal with every complaint. When they come into the Broker's office and sit people down for an interview it's a nerve wracking experience even if you know you are totally blameless so if they have culpability it will worry them crapless cause their license and profession is at stake.

carguy123 wrote:

Datsun1500 wrote: If the realtor handled the whole thing, it's their problem, not yours. That's why you used them, so you did not have to deal with the headaches.

No, it's still his problem because he's the owner, but the Realtor has been paid to handle situations such as this so definitely lean on them and their broker.

Well, it depends. If they were hired as a property manager then yes they should be dealing with the tenant in this situation. But if they were only hired to locate a tenant and secure a lease then their job is done once the lease is signed. Chickenhwk, do you know which situation this is? If they're responsible for maintenance and receive an ongoing payment from you (either as a cut of the rent or as a check from you to them) then they would be property management. If you just made a one-time payment then they're just leasing agents.

how long is left on the lease? you are not obligated to renew. you can simply state you are selling the unit when the lease is up

dculberson wrote:

carguy123 wrote:

Datsun1500 wrote: If the realtor handled the whole thing, it's their problem, not yours. That's why you used them, so you did not have to deal with the headaches.

No, it's still his problem because he's the owner, but the Realtor has been paid to handle situations such as this so definitely lean on them and their broker.

Well, it depends. If they were hired as a property manager then yes they should be dealing with the tenant in this situation. But if they were only hired to locate a tenant and secure a lease then their job is done once the lease is signed.

Yes & No. They owe their client certain duties. They can't knowingly rent to a meth dealer or people who will slaughter goats and perform vodoo rituals in the living room and destroy the property, as extreme examples, they must find suitable renters for the situation & property.

According to the law they are supposed to have more knowledge and take more care than the average Joe. If they didn't profess to be able to do a better job than you, then why would you hire one? They are supposed to add value to the transaction.

But no, they are not responsible for every action of every tenant regardless of their job title. But they still have liabilities should they fail in their duties that survive the paying of the commission.

I agree with most of the previous comments.

However, I am assuming something. Based on your statement that you have never met or spoken to the tenant, I am assuming the Realtor is acting as a property manager. That is, you pay them not just to locate tenants, but an ongoing amount for management services (monthly fee, percentage, or otherwise).

If this is the case, the problem you are struggling with is (at least partly) their responsibility to address.

You are the owner (and end up ultimately with the problems), but they are the manager (and must therefore manage, or default on their agreement with you for management services).

The sales commission is completely separate. However, the sales commission is definitely the bigger issue and negotiating tool right now.

The manager has a responsibility to represent your interests. So does the Realtor. If they are one and the same, the failure to do one role well raises questions about the other.

There is NO WAY I'd agree to giving them a sales commission if they are mishandling the management.

They know this. That's why I suggested going after them. It is ABSOLUTELY in their best interest to help you resolve the problem you are having with your tenant. It is also possible (depending on your management contract with them) that it is their responsibility.

Please note, that NONE of this has anything to do with anyone being disabled.

Something else to consider: a few years ago my brother bought a condo to rehab which had been pretty thoroughly trashed inside by the previous owner. The neighbors said the same thing: she was screaming and yelling at all hours of the day and night, punching holes in the walls, all kinds of crazy stuff. The police were called numerous times but she would not let them in, she finally collapsed and was taken to a local hospital. It turns out that she had a brain tumor which really screwed her up and ultimately killed her.

Maybe suggest to the police that the next time she goes off they send an ambulance as well?

Mental wrote: how long is left on the lease? you are not obligated to renew. you can simply state you are selling the unit when the lease is up

It can be done but Section 8 has some strings attached.

http://www.tenantsunion.org/rights/low-income-housing-eviction

Generally a S8 tenant has a percentage of the rental responsibility. As long as it's paid they can stay even if the lease is up, the way they do this is to file a complaint which jams the whole process up and in many cases the government voucher money gets witheld until it's settled. It becomes a 'he said, she said' thing and proving things can really be a pain. That's why my dad adamantly refused to do S8.

A VERY SMALL percentage of the rental responsibility.

Not unusual to be $8 or $10.

That's a bad deal for a landlord having a unit jammed up with a tenant who pays a pittance.

Wow, so many different insights and ideas here, thank you so much!
The situation with the realtor is this, it was a one-time deal to find me a tenant, they are not managing the property for me at all.
I have a lot to digest, thank you all so much. The property is currently listed for sale as I'm moving out of state so I may just draft up a letter detailing the complaints I've had about the noise and let them know they might want to start looking for another apartment because it is for sale?
Again, THANK YOU everybody.

Deal with them the same way you would anyone else.

In reply to N Sperlo:

That is the plan, my only concern is what obstacles will be in my way with dealing with a potentially protected disabled person? Not to sound heartless, as long as the person pays my rent and I have no issues (which up until now I haven't had any) I don't care if they're disabled or an alien.

Maybe I'm heartless when it comes to these issues, but until you are absolutely sure what the problem is, it needs to be approached as an issue would be in any other circumstance.

I have nothing against preparing to deal with a potentially handicapped or mentally deranged individual, but to the originally posed question, this is my answer. Preparing for any situation is a good idea and I wish you the best of luck.

Hope for the best, prepare for the worst, and life goes on.