Evicting one Nuisance Tenant and Allowing Other to Stay - Domestic Issues.

6 Replies

I don't like getting involved with stuff like this...

But I have a situation in Los Angeles city where a boyfriend-girlfriend are breaking up.  The boyfriend pays all the bills and wishes to stay. The girlfriend has been a bit of a nuisance-drugs, noise, police called etc.

The boyfriend wishes to stay and want's me to step in and possibly evict her.

Would a 3-day work in this case for Nuisance?  Or would a 30 day notice just served to her work better?

I really hate this part of owning property.

I don't know the specific laws in your area, but how is the lease structured? Are they both on it. If they are I would make them figure it out. I have been in the same situation lately & told the tenants its not my business. Though if they make it my problem I will evict them both. It usually gets the point across that it is a loose/loose if they insist on fighting over it. If one decides to stay & the other decides to move then have the them give you a notice to vacate and then sign the lease with the new tenant.

Is the girlfriend wanting to leave or is she resisting leaving?

They're both on the lease, but he's the only one with good financials and who pays rent.

I don't know the details about her wanting to stay or leave. But I assume she wants to stay...with him in the unit.

I do know the cops have been called a couple times and she is a drug user.

I'd prefer to allow him to stay as he's been a good tenant.

Originally posted by @Will F. :
I do know the cops have been called a couple times and she is a drug user.

I'd prefer to allow him to stay as he's been a good tenant.

 In my mind these two statements are mutually exclusive. How is it that he is "a good tenant" yet chooses to pick such a looser to live with? That does not compute. Next time what if the gf he picks is a meth addict and cooks meth in your property.

I would make it crystal clear that it's his issue how to get her out and if they can't figure it out and he leaves they are both on the lease and responsible. Her name stays on the lease until renewal.

I might, if he requested it, allow them to terminate the old lease (both must sign this) and have him sign a new lease but I refer back to my first comment.

I don't think you can evict just one of them @Will F.   If they are nuisance to other tenants explain to them that you will be starting eviction procedures. Personally I would take that guy on a side and tell him he really doesn't want (and doesn't deserve) to have eviction on his record and should talk to his ex girlfriend about simply taking her off the lease (in writing). He should work it out with her privately and avoid the waste of time, money and risking their renting future. Landlord for all decent properties in LA run background check. If they see eviction they won't lease to them, no matter how much money they will put upfront. It's too hard to get rid of them with LA rent control in mind.

We have a means to add or delete tenants from the rental agreement, so change of household makeup can easily be adjusted. This has saved us a lot of hassle over the years. Of course we use month-to-month rental agreements so it is relatively simple. That is, if the existing tenants come to an agreement as to who goes and who stays. I agree with @Rusty Thompson  that the tenants need to work it out. 

We require the remaining tenant(s) to still meet the minimum income criteria as a household, as well as our other criteria to rent. Also the security deposit remains with the unit. We don't touch that until all people have moved out and we regain possession our property. Instead, the departing tenant usually just gets their share of the security deposit paid out to them by the tenant who is staying. We do a property inspection at the time of the tenant change and address any damage issues at that time.

Of course in your situation @Will F.  , the only one that could stay would be the guy. And as @Bill S.  points out, you may want to reconsider whether you would want him to stay. There are red flags here that warrant a closer look.

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here