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Drugs Accross the Hall - Terminate Lease Early
by Dave ((Michigan))
on September 26, 2014 @10:21
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It's me again.....
I got a phone call from a concerned tenant that the apartment across the hall was being raided for drugs. No arrests were made and I won't have access to the police report until next week.
The tenant across the hall is requesting out of their lease claiming the residence is an "unsafe environment to live in" and requests their full deposit.
What would you do? Allow them up with no penalty. Allow them out but keep their SD? They have only lived there one month.
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Re: Drugs Accross the Hall - Terminate Lease Early
by Katiekate (New York)
on September 26, 2014 @11:22
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Well...if this is true than an arrest would have been made.
Just because someone makes a bogus 911 call to punish an ex-friend, lover, whatever ...that does not constitute a legit reason to get out of a lease on a unit across the hall.
If your tenant believe they are infact involved with drugs...then let them go swear out a complaint and get the police to remove these people (nothing like jail time to empty a unit). Further..the owner can lose their property under most laws if they knew it was happening...so tell the tenant to write a letter to the landlord to tell them about it..and point out that they have actual knowledge of this happening and now the landlord does too, which means their place can be taken.
I would do nothing about this. In would only advise the tenant what they could do...with warnings about making false statements to the police and/or the owner of that unit. My guess is...they Dont really know anything. My guess is this is the last you will hear about this.
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Re: Drugs Accross the Hall - Terminate Lease Early
by Garry (Iowa)
on September 26, 2014 @18:01
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I agree with Katiekate. Don't commit yourself to anything at this point, as you won't have police info til next week. Just tell your T that wants to move, that all people are presumed innocent until proven guilty, and at least for right now, you expect them to live up to their end of the lease. This situation just happened, and even though they "want" to move, they also don't have a place to move to just yet, either. Tell them you will revisit their request in 2 months. Hopefully their feelings will blow over by then. I know where they are coming from, but not every T gets to be let out of their lease, just because something bad happens near them.
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Re: Drugs Accross the Hall - Terminate Lease Early
by Anonymous
on September 27, 2014 @01:14
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Ask them to continue to call the police for any drug activity, as you need a papertrail, in order to remove someone for drug activity/
use. First call to police, second call to you, 24/7.
I would ask their help in getting as many police calls as possible. Do not make any decisions on the security deposit, as you can not tell how they are going to leave the unit.....
Drug activity you need to be on top of.......
Why would the police dept ask you to wait a week for the police report? This doesn't sound right to me.
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Re: Drugs Accross the Hall - Terminate Lease Early
by MrDan (Georgia)
on September 27, 2014 @09:11
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You might have bigger problems...
If a landlord rents to a person that deals drugs out of their rental property, the landlord may face one or more of the following kinds of practical and legal problems:
The landlord may face fines stemming from various federal, state, city or local laws that are designed to prevent landlords from having criminal activity take place in their rental properties.
Any person that is injured or otherwise bothered by drug dealers in a landlord's rental properties -- be it another tenant or someone in the community -- may sue the landlord, claiming that the rental property has become a public nuisance or poses a danger to the community.
The police or other law enforcement officers may try to impose criminal liability on the landlord if the landlord knowingly allowed drug dealing on the rental property.
The government may seize the landlord's rental property and other assets, in extreme cases.
Also, as a practical manner, drug dealing in or about the rental property will probably decrease the value of the rental property, making it harder to find good tenants.
Absent a lease term expressly allowing for termination for drug-related activity (Michigan Law), landlords are generally required to give a minimum of thirty days’ notice to terminate a tenancy at will or by sufferance. Moreover, a landlord who has employed a poorly drafted lease may be without authority to evict a tenant for drug-related activity.
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Re: Drugs Accross the Hall - Terminate Lease Early
by Dave (Michigan)
on September 28, 2014 @09:13
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Update.
still no police report. But an officer did contact me. He said no actual chemicals were found only equipment that might have been used to make drugs. They are waiting on further tests.
In the meantime one of the tenants who voiced their concern about the situation has moved. Leaving her roommate behind.
other tenants are still wanting out of their leases as well. All due to this onetenant. Apparently he has often been drunk and loud disrupting the other tenants. Drugs or not he is disrupting other so this alone is grounds for eviction.
thanks for all your input.
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