Please help with this crazy situation!

[slappy]

So my tenant got arrested this weekend on domestic violence charges.  She is the only one on the lease. She has a boyfriend that's been living there, but he doesn't pay for anything.  However, since she allowed him to live there, she is being told that she is not allowed to return to the apartment because he lives there and there is a restraining order in place.  Is there a way for me to get him out of the apartment? I think I can serve her eviction paperwork for violating the lease (having overnight guest for more than two weeks) and then give her time to fix the issue right? So she would kick him out and then the situation would be resolved and she could stay. However, that still puts in on her to get him out. Is there anything I can do to get him out?

[Jim2001]

I can think of a few options.

1. Approach the guy and ask him if he intends to stay, then provide information about where to send the rent.

2. Hire an attorney.

[fishnfool]

Crazy situation here for sure. Unfortunately I think you'll have to start the eviction process on your tenant in order to clear the rental. No telling who will be living there next?

You could always rent to this woman again if you want,  but imo she sounds like a problem tenant with this drama unfolding now.

Definitely consult with a attorney for the best option....good luck!

[Drifterrider]

Depending on your jurisdiction the rules vary.

In some jurisdictions the boyfriend probably has squatter's rights at this point while in others, you don't have to "evict" him you just tell him to leave and if he doesn't get goes to jail for trespass.

Telling us the state in which you live would be helpful as someone on this board probably lives there as well and knows more state specific rules.

[slappy]

As I somewhat expected, the situation seems to have resolved itself. The tenants dad paid for her to stay in a hotel for a week, and the boyfriend (hopefully ex now) will move out by the weekend so that can go back on Sunday. 

I know it sounds like she's a problem tenant from this story, but overall she is pretty good. Not too needy, but does let us know when stuff breaks or she has a legitimate complaint.  Usually pays rent a little late but always communicates way ahead of time and does her best to pay a majority on time, with just a couple hundred that she will pay at her next paycheck.  I just look at it like she pays biweekly.  She's mentioned the boyfriend a few times and I never had a great impression of him.  I hope things work out for her and I don't have to deal with anything like this again.

Thanks for everyone's input. I was most worried about squattor's rights and him refusing to leave even if I evicted him or both of them.