Prior to moving in the tenant showed no criminal history. After moving in the tenant was charged with Assault 2 - Deadly Weapon and Harassment. While no crimes have been committed on the property and the 2 or 3 warrants have been served off of the property, there is question as to whether the other residents are safe. The tenant is under court mandated probation and mental health reviews per court records. There have been 2 violations of the community rules, but again no violence shown while on the property. Can the landlord force this tenant to move?
The short answer is that you can never forcibly evict a tenant without incurring liability. If this were public housing and a crime free addendum attached to the lease, you could issue a 10-day notice to comply with lease terms, but that always sets up a fact battle and that is costly and time consuming. If there have been violations of community rules, you don't have to wait for violence, you have to give a 10-day notice to comply or vacate.
If this was public housing there is caselaw that says unlawful behavior does *not* have to occur elsewhere for the housing authority to terminate the lease based on the unlawful conduct. It is unclear if this applies to private tenancies.
It also matters what your rental agreement says. Tenants have a duty to conform to reasonable lease agreements. But I can't tell from here what your rental agreement says.
In short, you would be well served to go hire a good, well-seasoned Plaintiff's Landlord's attorney and follow their directions to the letter. Don Allen, Evan Loeffler, Mike Walsh come to mind; you will not be steered wrong by any of them. Hope this helps.
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