Skip to content
×
PRO Members Get
Full Access
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime.
Level up your investing with Pro
Explore exclusive tools and resources to start, grow, or optimize your portfolio.
~$5,000+ potential annual savings on vetted partner products
10+ deal analysis calculators with ready-to-share reports
Lawyer-reviewed leases for every state ($99/package value)
Pro badge for priority visibility in the Forums

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 7 years ago on . Most recent reply

User Stats

5
Posts
0
Votes
George P.
  • Albany, NY
0
Votes |
5
Posts

I'd like advice on evicting a tenant that actually pays.

George P.
  • Albany, NY
Posted

Hello,

I have two properties totaling 6 apartments and started in June of 2013.

I have a problem tenant that I would like to remove from my property but they pay in full and on time. Lets call her "Jane".

The other tenants in the building have complained on multiple occasions about excessive noise coming from "Jane's" apartment but last night (1 a.m.)  they actually called the cops on "Jane".

After reaching out to "Jane" about this, I was told (unapologetically) that the cops weren't actually there because of her, but that her sister and her husband are visiting for a week, and they are the ones that got into a domestic dispute. 

I called the police department and was told that since no one was arrested, they can't release any information but I know that a gentleman was escorted from the premises. 

"Jane" says that this gentleman is her sister's husband and that he will be now staying in a hotel for the remainder of her sister's visit.

"Jane's" boyfriend also spends a lot of time at the apartment and I suspect that he has actually moved in at this point. He even said so to one of my other tenants when they asked him "who are you?".

So, to summarize:

Very loud and disruptive tenant (domestic disputes in nature).
Potentially has one to multiple people not on the lease living there now.
Defensive and unapologetic behavior when I speak to her.
Pays on time.

I have a lease with her that ends June 30th.

The lease mentions Household Size and that any adults, or otherwise, living there apart from the tenant can only be allowed to live there by the written consent of the landlord. I'm guessing it is hard to prove that they are not actual guests though...

The lease also mentions the right to Peaceful Enjoyment of the other tenants. I'm guessing this would be my only ground for termination here?

I have read the sticky about evicting a tenant, but it seems to be mostly information on how to evict a non-paying tenant. 

I am thinking of giving "Jane" an ultimatum when I meet her tomorrow. I am thinking of a cash for keys agreement. If that doesn't work, I am thinking of reaching out to a lawyer to get the eviction process started.

Do I have any ground for termination based on the information I provided here?
My lease specifically mentions the right to terminate the lease based on non-compliance that includes the right to peaceful enjoyment (as well as permitting unauthorized persons to live in the apartment).

Please, any advise would be greatly appreciated.

Thank you.

P.S. In Upstate New York.

P.S.S I have not evicted a tenant before.

Loading replies...