When to Evict

[Karen Johanson]

Hi, all...

I have a tenant who's had repeated complaints from neighboring tenants about loud arguing, yelling, screaming profanities, etc. I responded several times and that issue seems to have subsided. I recently had cameras installed in my common areas...the tenant turned them around! One more complaint came in yesterday from another tenant who smelled cigarette smoke in the common area. A review of the video clearly shows the tenant leaving the apartment with a cigarette in the mouth. 

Her lease is up in 60 days. Can I get the tenant out sooner? I could use recommendations on giving a three-day notice or letting the lease expire at the end of April.

Thoughts?

[Nathan Brown]

This one's a tough one to prove in court. If the lease is up in 60 days, you're far better off investing your time in something more productive. Just issue the non renewal notice and let the move out happen organically. Then if they holdover, there's a much more likely judgment in your favor if you need to evict on that basis.