Evict or not to evict. That’s the question.

[Kevin Fonda]

Looking for peoples opinion on this. I’ve owned a duplex for a year now in Orange County NY which is about 65 miles North of NYC. I have both apartments rented to single individuals that both keep the place clean and pay on time like clockwork. The one tenant moved in with her boyfriend but they’ve since broke up and he’s moved out. She’s had friends over periodically and one who stayed for a few weeks. As I’ve noticed the same people at the apt on several occasions I’ve asked if she has anyone else living there. She’s always said no. Now fast forward to a few weeks ago and there is an issue with a disturbance that cops had to be called in at 3am. Other tenant has a small child who were all woken to cops searching and 3 hours of yelling fighting and arguing. It’s been an issue a few times where one tenant has had to deal with frequent fighting coming from other apt. Other issue is the fighting has stemmed from someone who has been staying there for over 2 months. She said she “thought she told me”. So now this person who is not on the lease needs to be evicted. After talking to the person they’ve claimed they have set up a place and will be out by Dec 15th. I’ve agreed and told him if he’s not out by then both him and tenant will be served eviction papers. My issue is the tenant for the most part is good. Always pays on time and no issues with damage to property. She keeps the place nice. My worry is if I don’t act and have her evicted the other tenant who is great might consider moving out at the end of her lease in Feb. (both tenants at this point have recently stated they are going to renew their lease for another year in Feb). To evict or not to evict? That’s the question.

[Nathan Gesner]

I would do the following:

1. Send written notice that the unauthorized tenant will be out no later than December 15th and that you will conduct an inspection to verify compliance. Failure to comply will result in eviction of all tenants and that is non-negotiable.

2. 60 days prior to lease renewal, I would tell the tenant - in writing - that I will not be renewing their lease. No reasons, no discussion, no lengthy apologies. Short, professional, to the point, and non-negotiable.

I get the feeling this tenant isn't as great as you think she is. Even if she is great, she clearly hangs with people that are not and it's only a matter of time before this bites you.

Cut your losses and move on.