If day one after signing the lease the tenant violates and breaches the lease agreement can i refuse to allow tenancy

Asked over 1 year ago - 55124

day one, two and three after the signing of the agreement proposed tenant has caused a disturbance or has had person her not on lease disturbing the peace of all other household members at 230am-4am including intoxication and violience by both tenant and others no invited to residence in the middle of the night hours.

Attorney answers (3)

  1. Stephen Joseph Cipolla

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . No, you cannot "refuse to allow the tenancy." You have already entered an agreement that creates the landlord tenant relationship. The question is whether the behavior you described is a breach of the lease provisions and what remedies are available to you if it is. You must take great care in this situation and not exercise "self-help." If your tenants are disturbing the peace, call teh police and have a police report generated. If they are violent or destroying property, make sure that law enforcement is aware of that. Do not try to enforce the law yourself! You could easily end up on the wrong side of a lawsuit brought by your own tenants. I have seen this happen before. Consult a local lawyer, gather all the facts and identify all of the witnesses who can back up your position. But, do not take action on your own.

  2. Andrew Thompson

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I agree with Mr Cipolla. Review the terms of the lease with an attorney to determine the legal means you can pursue to evict this troublesome tenant.

    Andrew C. Thompson, Attorney at Law, 1539 Grand Avenue, St. Paul, MN 55105, (651) 698-2181, athompson@tl-attorneys.... more
  3. Kermit M Milburn

    Contributor Level 8

    Answered . the terms of the contract is controlling. Most leases provide for termination for such violations

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