Dallas-Fort Worth Real Estate Investor Club

Here is my opinion (please note: this opinion is not legally based whatsoever… Also, I only have a couple of rental properties so my knowledge on this topic is very low)…

• 1.      In addressing the selective eviction, I would say that you either evict them both or neither one… Why? Because it could very well be a “he said/she said” situation and you don’t want to take sides on this… The door was kicked in and the tenant will pay for it… If you deem this to be a evict able offense then kick them all out or not (unless the man confesses to being the one who did it, then is when you would just kick him out)…
• 2.      I would NOT call the police in this situation… You’re a landlord and this is a business. I would not go that deep in to the personal situation of a tenant. Let them work out their own issues. Once you get involved then you’re can’t necessarily uninvolve yourself, plus you don’t know what the potential ramifications could be for inserting yourself in a volatile situation like this… Will the man go after you for calling the police on him? If the tenant has agreed to pay for the door then there is no other reason to call the police (in my opinion).

I would struggle with a situation like this one because this is a business (and it’s not personal), but you’re dealing with people, and the primary dwellings of those individuals (which essentially makes it more personal than selling widgets)…

The above again is just my opinion from an outside source reviewing this without knowing the applicable law,  nor knowing all of the nuances or circumstances surrounding this…

Thoughts?

 Brian R. Baker, MBA

I have some landlording experience, but I am not an attorney, nor am I giving legal advice.

When you let him move in, did you give written approval?  Did he sign any agreement/lease?

You mentioned that you checked him out, so I'm guessing you have his phone number.  Perhaps you could call him and let him give his side of the story.  He's mad at her, not you (as far as I can tell).  You may be able to build rapport with him, and ask him not to return to the property nor do any further damage.

You don't need to call the police.  This sounds like a civil matter, so they will probably not act.

My opinion is that you should consult with an attorney prior to taking any adverse action against anyone if you are unsure about what the law allows.

I'm also not an attorney and am not giving legal advice.

If he's not on the lease, in my opinion, he has no right to be there and can be selectively evicted if you like.  However, from a practical standpoint, I wouldn't do that unless she is agreeable with that plan.  If he's not on the lease, and she wants him to stay, I would qualify him and include him, if he qualifies, on a new lease with them both.  At that point, they can be jointly considered as "the tenant" and can be dealt with together as "the tenant" and evicted if they violate the lease.

As far as trying to resolve issues between them, or for that matter between different tenants in different units in a multi-family dwelling, I would refer whoever calls you to the police unless one of them reports a VERIFIABLE lease violation.  It's unwise to try to take action as a landlord on a "he said / she said" type of domestic story.  I get that stuff from time to time, and I almost always refer people to the police.  Usually they tell me they already have called the police and that the police didn't do anything.  When I hear that, in my opinion, it's a really good clue for me to stay out of it as well.

For more of a "warm fuzzy" on this, I recommend you consult with a professional property manager, or, as others have said, hire an attorney.

Thanks,

Thank you for your advice. It was very helpful in thinking through the situation. So far it has been pretty simple. She paid to have the door replaced. The police were not called. No one was evicted, but he has not come back.