Ugly Break up with tenants

[James Pezza]

Hey I am new here and to owning a multi family. Currently have 2 tenants who are on the lease together but are undergoing an ugly breakup. Started as he got a restraining order on her with custody of the child. They are on a Month to month lease and he wanted to remove her from it so it was only him. I wanted to wait till after the court date to write up a new lease and was hoping things would calm down. The court date was today and she wants to get her belongings out but he won’t let her. They lifted the restraining order and no new lease has been written. Should I tell him to let her inside and collect her stuff or should I let her contact the police and go through small claims courts and stay out of it and leave the old lease intact till then. Just don’t know if I should sit in the side lines or get involved. Thank you all

[Greg Scott]

You have no authority to force him to let her in.  

Since she is officially a resident she legally has access to the unit. She should be able to let herself in.  If a legal resident loses their key, as the landlord, you can let her in.  If the locks have been change, you can drill out the locks and charge them both for the costs.  All that would be better to do with the police there overseeing, giving the situation you have described.

Personally, I would give them both a 30-day notice to vacate.  People that have high-drama often continue to have high-drama.  I would want all that drama far away from my property. 

If you decided to keep him, be sure you re-qualify him.  His solo income needs to meet your requirements.

[Joshua Christensen]

I agree with @Greg Scott.

1. One tenant cannot "remove" another tenant from the lease.  The one wanting to be removed needs to come with the one staying to "re-qualify" the lease with the new lease.

2. You're crossing into civil legal matters that you should not get in the middle of.  

3. If she's on the lease, yes there are some "rights" for reentry.  However, since he put out the restraining order and she abandoned it, there are some civil matters now introduced.  

I'd also consider a 30 day non-renewal notice to avoid it continuing and causing any further problems.  People get pretty aggressive in these situations when they might be completely nice at any other time.  There's a child involved.  Vandalism and potentially violent acts could start to impede the quiet enjoyment of other residents.

[Mackaylee Beach]

It is disheartening to hear about such circumstances, particularly when children are affected. As previously stated, one tenant does not have the authority to remove the other from the lease independently. Now that the restraining order has been lifted, she is still a leaseholder and is entitled to enter the property to collect her belongings.

Make sure to give adequate notice to the remaining tenant and conduct a thorough screening process. Ensure they meet the income criteria and qualifications.