Ugly Break up with tenants

[James Pezza]

Hey I am new here and to owning a multi family. Currently have 2 tenants who are on the lease together but are undergoing an ugly breakup. Started as he got a restraining order on her with custody of the child. They are on a Month to month lease and he wanted to remove her from it so it was only him. I wanted to wait till after the court date to write up a new lease and was hoping things would calm down. The court date was today and she wants to get her belongings out but he won’t let her. They lifted the restraining order and no new lease has been written. Should I tell him to let her inside and collect her stuff or should I let her contact the police and go through small claims courts and stay out of it and leave the old lease intact till then. Just don’t know if I should sit in the side lines or get involved. Thank you all

[Greg Scott]

You have no authority to force him to let her in.  

Since she is officially a resident she legally has access to the unit. She should be able to let herself in.  If a legal resident loses their key, as the landlord, you can let her in.  If the locks have been change, you can drill out the locks and charge them both for the costs.  All that would be better to do with the police there overseeing, giving the situation you have described.

Personally, I would give them both a 30-day notice to vacate.  People that have high-drama often continue to have high-drama.  I would want all that drama far away from my property. 

If you decided to keep him, be sure you re-qualify him.  His solo income needs to meet your requirements.