Can one tenant get an eviction notice for another tenant?

UPDATED: Feb 15, 2012

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Can one tenant get an eviction notice for another tenant?

Tenant #1 wants to evict tenant #2. Both tenants have signed the lease agreement. What is the best way to handle this situation?

Asked on February 15, 2012 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A tenant may not evict another tenant, except in the highly unusual case that there is a lease granting tenant 1 the right to evict tenant 2. Otherwise, only the landlord can evict. The landlord does not have to evict tenant 2 simply because tenant 1 wants him or her out, though if tenant 2 is violating any of tenant 1's rights which the landlord is bound to respect (such as the right to quiet enjoyment, or the harassment-free use of the rental premises), the landlord may be obligated to serve tenant 2 with a Notice to Cease the violations, then to take further action if tenant 2 does not. If this seems to be the case--real harassment, threats, violations, etc. by tenant 2--the landlord should speak with a landlord-tenant attorney to see what his/her obligations are in this specific situation.

Otherwise, the tenants simply don't want to live together anymore, that is not legally the landlord's problem.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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