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

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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

Answers:

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

Answered 9 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.


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