A tenant that is friends with a recently evicted tenant has been told by the property manager that the previous tenant and guests that were associated with him are not be allowed on the property and has threatened to evict this tenant if she continues to allow them on the property? Also most of these guests are minors and also related to another tenant and her minor age son(who have not been asked by the property manager to not let them on the property). All of the persons involved are on Section 8
The tenant’s lease terms and state landlord/tenant law govern what she can be evicted for. She should review her lease terms thoroughly to determine if the landlord retained any rights to limit a tenant’s guests and to determine the landlord’s rights. Absent a lease, she is a month-to-month tenant and the law allows termination of a month-to-month tenancy with a 30-day notice.
Generally, she may be evicted for the actions of her visitors while on her leased property should the actions rise to something that violates her lease or state law. The facts and circumstances surrounding the visitor’s eviction may be important. For example, if the visitor was evicted for damaging premises or injuring a neighboring tenant, the tenant may now be creating a reasonable potential that her property may be damaged or a neighboring tenant may be injured. This is grounds for eviction. Nonetheless, she has the right to “quiet enjoyment” of her leased property. This means her landlord cannot threaten, harass, or intimidate her or her guests. Threatening eviction when she is abiding by her lease terms may rise to this level. I would recommend contacting an attorney who specialized in landlord/tenant issues to fully determine her rights.
Allowing a visit has nothing to do with the eviction process. Being evicted is a legal process by which a landlord gains possession of the premises.
licensed attorney in Montana. Your specific state laws may be different.
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