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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
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I'm renting a one bedroom apt. to my current tenant and they

Customer Question

I'm renting a one bedroom apt. to my current tenant and they have just sent me a text stating that their mother and sister are moving in. I have in my lease that only the tenant is allow and that I must receive something in writing asking for approval to allow anyone else in. Do I have the right to evict?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Do I have the right to evict?

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If the tenant actually moves in the other family members without getting specific permission from you, then yes, that is a lease violation and you can give them a notice of violation and a time to cure and then pursue a formal eviction if they don't cure the breach.

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If it were me, I would respond stating that the lease is clear that there is an occupancy restriction without formal approval from you and moving in the other family members would be a lease violation that would be grounds for eviction.

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Sometimes you have to draw a line for tenants reminding them that you are the owner and control the terms of the lease.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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