Wife will not move even husband & son in jail

Wife will not move even husband & son in jail by Hannah C (North Carolina) on July 30, 2010 @17:01

We had a tenant moved in 20 days ago and only wife signed the lease but not husband and sons. Now, the husband and sons both arrested for drug trafficking and the wife claimed she is innocent and will not move out.
We already got the court date on Aug 11 and she hire the attorney to represent her. Do you think we can win in North Carolina?

Advice need!

Thanks
Hannah C

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Re: Wife will not move even husband & son in jail by Eric (MN) on July 30, 2010 @17:40

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Use a drug-free/Crime-free amendment next time. Google it.

But, as long as she pays rent, keep her. Odds are she will not pay rent anymore, now that the income is gone.

1. RESIDENT, any members of the RESIDENTS’ household or a guest or other person under the RESIDENT’S control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises. "Drug-related illegal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 or the Controlled Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia.

Re: Wife will not move even husband & son in jail by Monipenny on July 30, 2010 @18:53	[ Reply ]
Do you have in your lease agreement "no illegal drugs or criminal activity"? Not sure it's neccessary to evict her on, but it helps. Let us know how your case goes.

Re: Wife will not move even husband & son in jail by Anon (ohio) on July 31, 2010 @06:07

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90% of evictions in my area are over nonpayment of rent. If she pays the rent, keeps the son and husband out, she would probably win in my area. Any chance she is trying to lose the both of them due to their drug problems? Was the income hers or both of them? Did you do a year's lease or did you rent to her with a month to month lease?
I hope your lease stipulates that she will be responsible for court costs if she loses the case:) Good luck.
Court cases are funny things. I've seen most landlords win easily in the landlord friendly states. But the cost of fighting in court for both parties is often high, even in the landlord friendly states.

Re: Wife will not move even husband & son in jail by OK-LL on July 31, 2010 @18:40

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Review your lease for a "no illegal activities" clause, or a "residential use only" clause. Drug trafficking is a violation of both of these clauses. Tenant is responsible for the actions of her invitees, and if the husband and sons have resided in the unit at the invitation of the tenant, they are occupants. Their occupant status does not change just because they are incarcerated; incarceration is considered a temporary absence from the property. You must evict your tenant and all occupants for the lease violation in order to regain possession of your rental. If you do not have a lease which covers these issues, you need a better lease.