0
What if a tenant starts a problem with a other tenant can the landlord kick 1outyou and not the other?
Wiki User
∙ 11y ago
It depends. The most common arrangement for tenants is for them to be "tenants in common," that is, equal parties to the lease. At common law, tenants in common have a duty not to infringe on the rights of the other tenants to access to the property. If one tenant kicked the other out in this arrangement, that would certainly be impermissible and the removed tenant could sue.
On the other hand, if one tenant has some superior right to the property, for instance if one is the party to the lease with the landlord and the other tenant is a sublessee, then the party to the lease may have the right to kick out the sublessee.
Keep in mind, this is at common law. Many states modify the common law by statute. You should consult a lawyer in your state to determine the correct answer for your state.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoif they didn't sign the lease, yes. If that occupant signed the lease, then no. they have no right to kick them out.
Wiki User
∙ 14y agoNo, you can't do anything at all. Next time you don't want someone smoking in the rented area include it in the lease.
Wiki User
∙ 7y agoOnly if the tenant has seriously or repeatedly violated the lease, or for non-payment of rent
Wiki User
∙ 11y agoNo
Wiki User
∙ 11y agoYes.
Add your answer:
Earn +20 pts
What is the possessive form of the landlord and the tenant?
The possessive forms are landlord's and tenant's; for example:The tenant's apartment is the best one in the landlord's building.
Does a landlord have to let a tenant know they are in default Say for having a unauthorized pet?
If a landlord has an objection to a tenant and wishes to evict that tenant then yes, he does have to inform the tenant in question about the objection. Tenants must be given an opportunity to remedy the problem rather than being evicted.
If there are 2 tenants living in a house and tenant 1 starts a fight with tenant 2 tenant 2 does not fight back Is there anything the landlord can do about tenant 1?
If tenant 1 has assaulted in anyway tenant 2 then the police will be able to do something about it.
What has the author James C Hauser written?
James C. Hauser has written: 'Florida residential landlord--tenant manual' -- subject(s): Landlord and tenant 'Texas residential landlord-tenant law' -- subject(s): Landlord and tenant
Is a residential tenant required to provide a key to landlord?
If the landlord provided a key to the tenant, then the tenant must provide a key to the landlord. In fact, under most state laws the tenant may not change a lock without the landlord's permission and a duplicate key provided to the landlord.
Is Landlord or tenant responsible for scorpions?
Landlord.
Can a tenant sue a sub tenant?
Yes. The tenant should be considered the landlord of the sub-tenant. Therefore, he can evict, just like any landlord.
Is tenant or landlord responsible for cleaning the aftermath of sewage backup in the basement?
Most likely this responsibility lies with the landlord, although, if this is a single family residence, the lease may require the tenant to deal with such things. Also, if the tenant caused the problem, then they might be responsible.
How can you ask non tenant to move out?
If the person has the legal right to live there on a month-to-month basis, he is a tenant. But we are presuming that you, the landlord, didn't rent the unit out to this person: perhaps your tenant did, known as subleasing. If you, the landlord, allowed this, then you have to have your tenant evict the sub-tenant. If you didn't allow this, then you have to enforce the terms of the lease, and make your tenant correct this problem immediately or you can evict him, which automatically forces the sub-tenant out.
Can a landlord evict someone living on their property when they haven't signed a lease?
I am presuming we have three components here: a landlord, a tenant, and a subtenant. The landlord in this case is presumably renting to a tenant, while the tenant is presumably renting to a subtenant. I presume that tenant has a lease while the subtenant doesn't. The tenant becomes the landlord for the subtenant. Since there is no lease (in most states subletting does not involve a lease) in this case, the tenant who is the subtenant landlord can evict the subtenant. While the main landlord can evict the tenant -which automatically evicts the subtenant -only the tenant can evict the subtenant. But the main landlord can evict all by evicting the tenant.
What is opposition between a tenant and landlord?
A landlord is generally a person owns property for rent. A tenant is someone who rents property from a landlord.
Can a landlord evict a guest for a noise complaint if the tenant was causing the noise?
Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.
