Other than eviction, do we have any other options as far as getting a tenant out if they are having violent domestic disputes with the other tenant?

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Other than eviction, do we have any other options as far as getting a tenant out if they are having violent domestic disputes with the other tenant?

I am a landlord and have tenants that rented separate houses. They both became single and within a month decided to move in together. Now they cannot get along and the police have been called to their house. When they moved in together I had to do a new lease for them to switch their electric (it was in ex-girlfriend’s name). The police say we have to evict the one we want to leave. It’s obvious they can’t live together another 30 days for us to evict. We don’t want all the fighting everyday cause we live next door. Who do we evict and how?

Asked on September 7, 2011 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All you can do is evict--there is no other way to force them to out. (You can, of course, offer to pay them something to leave early; if you do that, make  sure to get the agreement in writing.)

You cann only evict for

1) A breach of the lease, so if they are complying wiith the lease, you are now limited to the following three options;

2) For a significant disturbance of the peace, which however first involves providing a notice to cease and an opportunty to disturbing the peace--from what you write, this may be the best bet

3) For threats or attacks against the landlord, or willful (intentional) destruction of the landlord's property

4) At the expiration of a written lease, or after 30 days notice of termination of tenancy if it is an oral lease and month to month rental


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