Can one tenant get an eviction notice for another tenant?

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Can one tenant get an eviction notice for another tenant?

Tenant #1 wants to evict tenant #2. Both tenants have signed the lease agreement. What is the best way to handle this situation?

Asked on February 15, 2012 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A tenant may not evict another tenant, except in the highly unusual case that there is a lease granting tenant 1 the right to evict tenant 2. Otherwise, only the landlord can evict. The landlord does not have to evict tenant 2 simply because tenant 1 wants him or her out, though if tenant 2 is violating any of tenant 1's rights which the landlord is bound to respect (such as the right to quiet enjoyment, or the harassment-free use of the rental premises), the landlord may be obligated to serve tenant 2 with a Notice to Cease the violations, then to take further action if tenant 2 does not. If this seems to be the case--real harassment, threats, violations, etc. by tenant 2--the landlord should speak with a landlord-tenant attorney to see what his/her obligations are in this specific situation.

Otherwise, the tenants simply don't want to live together anymore, that is not legally the landlord's problem.


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