Forcing Tenant to leave

[William_Breiten]

We have an apartment in our House. To date the tenant has paid on time. The issue is that she continually smokes in the apartment putting my family and myself in constant danger. We have told her not to time and time again, however seems to fall on deaf ears.
Also we originally agreed on one dog and she now has three, we have asked her to get rid of them, yet nothing happens.
She has been involved in two car accidents on our street which is highly populated by children within the last two months. Following her last accident, the police were called and pills and Marijuana were found on her possession.
We need her out to ensure my families health. What can we do?

 

[army judge]

We have an apartment in our House. To date the tenant has paid on time. The issue is that she continually smokes in the apartment putting my family and myself in constant danger. We have told her not to time and time again, however seems to fall on deaf ears.
Also we originally agreed on one dog and she now has three, we have asked her to get rid of them, yet nothing happens.
She has been involved in two car accidents on our street which is highly populated by children within the last two months. Following her last accident, the police were called and pills and Marijuana were found on her possession.
We need her out to ensure my families health. What can we do?

If she has broken one of the lease covenants (1 dog and she has 3 dogs, smoking and the lease says no smoking, etc...), you can start an eviction action.

If what she's doing isn't prohibited in her lease, you won't be successful in getting a court to order her eviction.

Her accident and drug charges had nothing to do with her leasehold.

Her driving skills, as poor as they may be, have no bearing on her lease.

If none of the above applies, you'll have to non-renew her when the lease expires, assuming the lease has that provision.

 

[mightymoose]

If none of the above applies, you'll have to non-renew her when the lease expires, assuming the lease has that provision.

That is probably best. You arrangement sounds very informal and may be a month to month lease. If so, give her notice that the lease will not be renewed and she will have to move out.

I know you want her out sooner, but a 60 day notice is sufficient... tell her today that she has 60 days to move. That gives her ample time to make arrangements. Give the notice in writing. If she should fail to move out, be prepared to begin the eviction process.