Tenant is likely breaking lease - Process to prove and evict

[Mike Fuchs]

Hi, new landlords here. We just bought a duplex and moved in two new tenants on Jan 1st. I feel we were very diligent/clear with our screening and rules, so now we need to act on what we said in the application process.

Received a call from one tenant today, she definitely had been holding back from calling sooner. One, the other tenant has used up all of the available garbage resources both weeks and then some. During a move, I get it, but she went on to say she is pretty certain at least two adults are living in the unit that are not on the lease (a clear violation of our lease). Additionally, one of them is smoking on the property, another lease violation. I walked the property today and found several cigarette butts. 

I don't want to micro manage the property, but as I was about to leave, I took a phone call in my car and watched two other people enter the property who are not on the lease, thus confirming the tenant's concern in my opinion. 

Both of these violations make this a tenant we want to remove. What is the best way to start this? We have occupancy rules in the lease, along with a clear no smoking policy for tenants and guests. We need to be sure to follow the rules, so anyone have ways they have proven these violations? 

[Michele Fischer]

Is there a small child in the vicinity?  They are great to ask a few questions of and get a lot of valuable information about who is doing what.  I joke, but not completely.

If you just placed them, you may just need to let them know that the rules are important to you and that you intend to enforce them.  Write a letter showing a photo of the cigarette butts and full garbage cans, reinforcing the smoking, trash, and guest policy, and state that if they are caught violating the lease you will not hesitate to find new tenants who will respect the rules.  Our letters create compliance for a few months anyway.  I try to tell them at move in what rules are the most important to me, but they figure it out as we reinforce them as well.

As a new landlord, keep in mind that turnover is very expensive, that most tenants will fail to respect all of the rules, and that it is extremely difficult to prove who is living in a unit, so choose your battles wisely.