Yeah - get ready to evict Dad for non-payment, which is what is coming.
It will get worse from here before it gets better, in my experience. Make sure you have a go-to real estate lawyer. Make sure the insurance on the place is paid up. Make sure you're well versed on the eviction process in your state and county. There's a very good chance it's coming.
Can you start eviction proceedings now? I have in my leases that any illegal activity could result in immediate eviction (by preponderance of the evidence, not by conviction). Might as well get rolling on what you know is coming.
I don't think domestic disputes can qualify for "illegal activity" From the info given I don't think you have legal grounds to evict at this point. Although if there is a restraining order in place that may throw a monkey wrench into the situation.
Perhaps ask the Father to leave and see his reaction? IS his name on the lease as well? Are the couple willing to pay the full rent minus the Father?
Dad doesn’t want to leave. Which would solve everything. He also won’t be able to afford the rent.
HI @Amanda Hoening ,
Just to clarify one item,
Be prepared to evict the son, daughter in law and father for non payment. They are all responsible for the rent together (assuming your lease is that way). Even though son and spouse are not living there any longer, they still owe rent and if it is not paid, then you need to evict all three. If they want to preserve their eviction free record, the rent has to be paid. Your concern is not with the situation and trying to feel sorry for one party over the others. They all agreed to a contract. Which means they all agreed to terms and they trusted each other to enter into that. So keep it joint until all 3 parties are gone and the keys are returned.
Good luck and sorry to hear you are going through this.
I'll second @Mike Cumbie . Exactly NONE of the drama is your problem. If you continue to get the rent, fine. If not, you evict ALL of them. Speak with your attorney about the possibility of eviction for the police action or restraining orders. Or the possibility of evicting for continued hassles from the police. If you don't have a landlord/tenant attorney, today's a good day to find one.
This is a messy situation and I don't know the answer.
When Calling 911 Makes You a ‘Nuisance’ and Gets You Evicted
My lease states the landlord will change the locks for a domestic violence victim (upon proper documentation). The lease also states the landlord can terminate or non-renew the lease if the victim allows the perpetrator to return even for a visit. The purpose of this clause is to protect the staff and other residents.
I called in a domestic disturbance last year when a couple got into a loud argument in the parking lot (one asked me to call the police and the other said there was no need to do so -- I let the experts sort it out). I don't know what the landlord did officially, but I noticed the couple were no longer living there a couple of months later.