Can I keep my tenant’s boyfriendand father of their childrenfrom coming on to my property?

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Can I keep my tenant’s boyfriendand father of their childrenfrom coming on to my property?

I have a great tenant who always pays on time but her boyfriend has forced himself in.. He hasstolen 2 of my A/C units and other items of value belonging to me. She told me he did it but is afraid of him. I handed him a letter saying that I did not want him on my property but his kids live there. Do I have to evict everyone or can I have him arrested for trespassing? I really feel bad for my tenant but I can’t put up with the boyfriend any longer. My lease states that anyone not on the lease can be removed by law enforcement.

Asked on August 22, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are wise to read your written lease with the tenant who you like in that its terms set forth the obligations and duties you owe to her and vice versa in the absence of conflicting state law on an issue. If your lease with the tenant precludes anyone not on the lease from being on the premises and if the boyfriend who you do not want to be on the premises is a problem, then it appears legally you have a basis to keep him off the complex from what you have written.

The best way to accomplish this for your and your tenant's safety and peace of mind is to hire a lawyer to write a letter to the boyfriend requesting that he stay off site of your property setting forth the reasons for the request.

If he refuses and still shows up, advise your attorney. You could end up having a "trespass" action against the boyfriend and possibly a basis for a restraining order application to keep him off your property which could be granted by the superior court in the county where your property is located.

As a landlord, under the law you have an obligation to try and protect your tenants from undesirable elements that you become aware of. If the boyfriend has stolen from you, he very well could steal from your tenants.

Good luck.

 


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