Tenant Doing Drugs on premises

This is a discussion on Tenant Doing Drugs on premises within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; my tenant is doing drugs in my house but I don't have that clause in his lease....

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  1. #1
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    Tenant Doing Drugs on premises

    my tenant is doing drugs in my house but I don't have that clause in his lease.


  2. #2
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    How bad is it? Like Pot? Have you spoken to your tenant?

    What state are you in?

  3. #3
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    more info..

    Sorry, I didn't know that was going to post in such a short fashion. Here is some more info on my situation.. This renter is not behind on rent. We have a monh-to-month agreement. On june 15 I served a Notice To Quit to the gentleman who answered the doo who introduced himself as the tenants roommate..(Violation of lease!).. The "roommate" said the tenant was out of town but would give it to him when he came home. The only reason I server the notice to quit is because I have decided to turn the house back into a single family residence and try to sell it. With 17 days before the 30 days is set to expire the tenant informed me he wasn't leaving. And claims he never got the notice to quit. I know I have a solid case to remove him and will do so in a proper fashion according to the law.... My question is this... I have smelled marijuana coming from his apartment on many occasions.. Can I have him removed quicker for drug use even though I was an idiot and didn't put that clause in the lease?? Please help!

  4. #4
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    What state are you in? Property laws differ from state to state so it varies on how difficult it is to evict a renter for things like this. For example, in California, Montana, and Washington, a person can legally obtain a prescription to grow their own medical marijuana.

    That said, as you know, it is a specific eviction process through which you evict, and that will be specific to your state. Illegal activities is certainly a reason for eviction and that may already be written into your lease and you may not have considered that this probably covers that. If you get a court order to have your tenant removed, the sheriff can enforce.

    Once again, depending on the state, you might be able to issue a notice for three day quit for illegal drugs. This kind of notice holds fairly strict requirements in many states and although it doesn't suit your purposes quite as well, you could consider issuing a ten day comply or vacate order. Landlord-tenant issues generally hold illegal activities as an offense meriting eviction and hence marijuana probably will fall into this category depending on your state.


 

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