If you are a landlord and have multiple tenants on your lease, you may face a situation where you want to evict one tenant and not the other.
The reasons for wanting to do this can vary. Maybe one tenant is always late with their portion of the rent, while the other is a model tenant. Maybe, one tenant is unsanitary, constantly abuses and breaks your appliances, or otherwise violates the terms of the lease agreement, while the other is respectful, conscientious and generally tries to take care of the unit.
Whatever the reason, it’s important to understand whether you, as a landlord can evict one of your tenants without evicting the other.
In this article, we are going to answer this question and provide some background on applicable laws and other relevant guidelines to give you the right context. We’ll also provide some options on what you can do as a landlord if you are faced with this situation.
If you have don’t have the time to read through it all, here’s a short answer to the question:
In most cases, a landlord cannot evict one tenant and not the other if they are both on the same lease agreement. However, if the tenants have separate lease agreements or the tenancy is a tenancy in common, the landlord may be able to evict one tenant without affecting the other(s).
Ok, we’ve got some ground to cover, so let’s get into it.
The information contained in this post is for informational purposes only. It is not legal advice. You should seek the advice of a qualified legal professional before making any decisions relating to the topics covered by this article.
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Understanding Tenancy Agreements
When looking at this question, the first thing you need to evaluate is the type of tenancy agreement you have in place.
In most standard leases with multiple tenants, they be will signing a “joint tenancy” agreement, which means that each tenant is jointly and severally liable for the rent and any other obligations under the lease. So if one tenant does not pay, the others are still on the hook for the entire rental payment.
In this situation, it can be difficult for a landlord to evict one tenant without affecting the other(s).
However, if the tenants have signed separate lease agreements or the tenancy is a “tenancy in common,” the situation may be different. Tenancy in common means that each tenant has a separate lease agreement for their portion of the property, and they are not jointly and severally liable for the entire rent.
Legal Reasons for Eviction
Assuming that the tenancy agreement allows for the eviction of one tenant, the next step is to determine whether there are legal grounds for doing so. In general, a landlord can evict a tenant for non-payment of rent, breach of the lease agreement, or illegal activities on the property.
If only one tenant has violated the terms of the lease agreement or engaged in illegal activities, it may be possible for the landlord to evict only that tenant.
However, if both tenants are responsible for non-payment of rent or breach of the lease agreement, the waters get significantly muddied and the landlord may need to evict both tenants.
Now all of this is subject to state and local rules around tenancy, so there may be variations or departures from this general rule, depending on where you live. To get a definitive answer, you will need to familiarize yourself with the various rules and regulations applicable to your situation (or hire a lawyer to help you navigate through all of this.
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Evicting One Tenant in a Joint Tenancy
If the tenancy is a joint tenancy, the landlord may be required to evict both tenants if one is in breach of the lease agreement. This is because joint tenants are jointly and severally liable for the rent and other obligations under the lease.
However, if the landlord can prove that only one tenant is in breach of the lease agreement or has engaged in illegal activities, they may be able to evict only that tenant. In this situation, the remaining tenant(s) would continue to be responsible for the rent and other obligations under the lease.
Evicting One Tenant in a Tenancy in Common
As mentioned previously, if the tenancy is a tenancy in common, the situation may be different. Since each tenant has their own separate lease agreement, the landlord may be able to evict only the tenant who is in breach of the lease agreement or has engaged in illegal activities.
In this situation, the remaining tenant(s) would continue to be responsible for their portion of the rent and other obligations under their separate lease agreements.
Options When Faced With This Situation
Look, if you are a landlord who wants to evict one tenant and not the other, you need to make sure you have a very good understanding of the type of tenancy at issue, and the state and local laws governing tenancies and evictions.
So, make sure you get good solid legal advice on all aspects of this situation before taking action. The last thing you want is to file an improper eviction and get the local housing authority to come after you.
Communication is also critical. Make sure you convey to your tenants what is happening very clearly, in writing, and in accordance with the law, to explain the reasons for the eviction. This can help to avoid misunderstandings and conflicts down the line.
In some cases, landlords may be able to resolve issues with tenants without resorting to eviction. For example, if a tenant is consistently late with rent payments, the landlord could try setting up a payment plan or offering a rent reduction in exchange for timely payments.
Ultimately, the decision to evict a tenant is a serious one and should not be taken lightly. By understanding the legal requirements and exploring alternative solutions, landlords can make informed decisions that protect their property and their tenants’ rights.
Conclusion
In conclusion, whether a landlord can evict one tenant and not the other depends on the type of tenancy agreement in place, as well as the reason for the eviction.
In most cases, it’s difficult to evict one tenant in a joint tenancy without affecting the other(s). However, if the tenancy is a tenancy in common or the tenants have separate lease agreements, the landlord may be able to evict only the tenant who is in breach of the lease agreement or has engaged in illegal activities.