Can a landlord evict a tenant’s “guest” if the tenant has asked them to move but they refuse?

UPDATED: Oct 18, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 18, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord evict a tenant’s “guest” if the tenant has asked them to move but they refuse?

Tenancy is 3-bedroom, month-to-month, rented by mother and young daughter. Because of serious legal problems, older daughter and her 3 young children moved in. This move was not cleared with me. Besides a water bill that has risen greatly, the neighbors are up in arms over many things regarding this daughter, including loud behavior and reported pot smoking. Youngest child’s dad stays with them on the weekends. My tenant has requested they now move but the daughter ignores her. I would like to evict the daughter and her children. Is this possible?

Asked on October 18, 2012 under Real Estate Law, New York


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can evict her as an authorized person, especially if your lease agreement specifically provides that you must pre-approve any new tenants.  (If you don't have that clause in there, put it in there for future lease agreements).  If the mother who rented the apartment is paying properly, then she would have a contractual right to resist the eviction.  However, her daughter is not on the lease and you do not owe her a contractual duty.  You may also want to review the zoning laws in this area.  Between the dad, older daughter, 3 kids, mother and young daughter-- they may be exceeding the occupancy rules in your area-- which could subject both you and the mother to ordinance violations if you don't go forward with the eviction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption