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

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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. 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. 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.com I am providing this information solely for informational purposes. The information you obtain at this site is not, nor is it intended to be, legal advice. Nothing transmitted in this posting establishes an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. You are welcome to contact me personally in anyway. However, such contact does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.


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

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