Legal Question in Real Estate Law in North Carolina
How to evict disruptive tenants in fourplex?
My husband and I recently purchased a fourplex building we intend to occupy and convert to a single family home as soon as each tenant will vacate the property. During the inspection period, one tenant began harassing another. They were verbally warned by the sellers (this is specifically addressed in the lease) and said they would move out. After closing, another incident ocurred. We'd like to evict them based on their disruption to the other tenants - but they do pay rent on time. They now refuse to move and say they will have to be evicted! We have given them a written warning. Can we successfully evict?
1 Answer from Attorneys
Re: How to evict disruptive tenants in fourplex?
Depending on what the lease say, you can evict under the grounds of violating a condition in the lease. You need to prove (1) that you are the landlord and the defendant is the tenant, (2) that everyone agreed to the condition you are attempting to enforce, (3) that everyone agreed, as part of the lease, that the lease would terminate if this condition was violated; and (4) that the defendant violated the condition in the lease.
#3 is critical - there must be language in the lease that breach of this condition terminates the lease or authorizes you to re-enter.
#4 - you will need evidence. Also if the condition is ambiguous, it will be harder. For example, define "harassment". It may mean different things to different people.
- Jeff
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