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Illegal Activity want other landlord's advice ASAP
by Kathleen
on February 13, 2012 @15:32
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Long story short- unmarried couple both signed lease, five children under 12 and a dog. They have paid rent on time since moving in November. This is my former house, still have contact with neighbors. They report lots of cars, different people coming and going....the toddlers were found out across street by neighbors in pajamas at night, reports of smelling pot, saw female in car with blood on her head.....yet they pay rent on time. Just found out male tenant arrested for Heroin trafficking, possession of semiautomatic weapon, 7 counts all together. This occured Jan 31st, his arraignment was today- I don't know outcome. I fear for my neighbor's safety as well as my family's in dealing with them.....talked to lawyer, he said we can file 30 day notice between now and March 1st. My husband says if male tenant goes to jail, let her stay there with the kids until we can sell it- I know he's worried about income not coming in to pay our mortgage payment. One former neighbor says "let it take care of itself- if he goes to jail, she probably won't be able to pay rent anyway". I feel a responsibilty as a landlord that this house be safe for the neighborhood. would just like to hear from others who have been through this
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Re: Illegal Activity want other landlord's advice
by Jake
on February 13, 2012 @15:58
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"I feel a responsibility as a landlord that this house be safe for the neighborhood."
You rented to an unmarried couple with 5 children and a dog and did not expect trouble? What kind of a credit and background check did you make?
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Re: Illegal Activity want other landlord's advice ASAP
by Anonymous
on February 13, 2012 @16:37
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I would take the lawyer's advice and serve the 30 day notice immediately. Have you inspected the property? I would be afraid that they are doing damage to the home which could cost a lot more than losing some rent money for a short time.
I don't know where the home is located but in California if they are growing pot in the home and get busted, the state can confiscate the property.
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Re: Illegal Activity want other landlord's advice ASAP
by Mark
on February 13, 2012 @16:39
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What State are you in? Some States have a way to expedite eviction procedures for drug dealers. The bad part is the tenant has not been convicted as of yet. You will not get any rent, as female will spend any and all money's for bail and lawyers.
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Re: Illegal Activity want other landlord's advice ASAP
by Anonymous
on February 13, 2012 @16:52
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Is there anything in your rental agreement that says the lease or rental agreement can be terminated due to...illegal activities, etc?
If you have a lease with that terminology in it, I'd use that to terminate the tenancy.
If you have a month to month rental agreement, just give 30 days notice for the term of the rental contract...i.e. give notice now so they will be out by March 31. No need to say why in many states.
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Re: Illegal Activity want other landlord's advice ASAP
by LL (CA)
on February 13, 2012 @17:09
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So, they're probably being able to afford the rent through dealing drugs. If he goes to jail, she will either take over the family business or won't be able to afford to pay rent, then you will have to evict. Can you imagine what they'll do to your property in the interim?
I can guarantee with the wear and tear that that family is doing to your house, you will have real difficulty selling the place with them in it, especially with the market as competitive as it is just now.
Your neighbours need to report the activities to the police - they need to take care of their own saftey too - and you need to serve them with a 30 day notice to git.
Good luck.
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Re: Illegal Activity want other landlord's advice ASAP
by Anonymous
on February 13, 2012 @19:39
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They won't pay you and they will dig in until you evict them....they will hope your sympathy will allow them to sit for free for months. This looks bad. You should do as your lawyer says because they will trash your place.
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Re: Illegal Activity want other landlord's advice ASAP
by MrDan (Georgia)
on February 13, 2012 @20:06
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In 1990, the Ohio Landlord Tenant Act was amended. A landlord is now required to start an eviction action against a tenant if the landlord has actual knowledge or "reasonable cause to believe" that the tenant, any member of the tenant's household or any person on the premises with the consent of the tenant is engaged in or engaged in the past in a violation of a criminal law involving controlled substances. A landlord has "reasonable cause to believe" drug activity is occurring if a valid search warrant has been issued, the controlled substance described in the search warrant was found during the search and the landlord was later informed about the situation by the police. An eviction action must be started whether or not the tenant or other person is charged with or ever convicted of a criminal offense. This provision also applies even if the other person is a delinquent child or guest of the household.
In order to evict a tenant alleged to be involved in drug activity, written notice to terminate the tenancy must be given to the tenant by the landlord. However, the landlord only needs to give the tenant a three day notice. The landlord must still go through court proceedings before a tenant may be lawfully evicted. Again, special rules apply to drug cases in court. For instance, a continuance of the trial date is not permitted even if the landlord wants a postponement.
The amendments cover a wide variety of drugs and activities. A tenant may be evicted if the drug involved is marijuana, cocaine or some other illegal drug. There is also no distinction made between the use, possession or sale of drugs. Use, possession or sale of drugs by any household member or guest in the rental unit can result in eviction. Ohio law says landlords can evict tenants involved with illegal drugs on the premises, Assistant Columbus City Attorney Robert A. Beattey Jr. said.
"If a landlord has reasonable cause to believe drug violations are occurring in the building, they must give a three-day notice to vacate," Beattey said.
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Re: Illegal Activity want other landlord's advice ASAP
by Kathleen (OH)
on February 13, 2012 @23:32
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Found out tonight on public website the arraignment is postponed until 3/28.....I think he is out, as bond was posted? Can I act in any way to report anything to officials so that something can be done, or investigated? The activity did not occur at the house, so how do I have any proof? I discovered they were both involved in an arrest in 2009 with cocaine- I don't understand all of the legal terms, and thought of contacting the assistant prosecutor from that case......and I'm even more PO'd now at USsearch.com, where none of this criminal records info came up on a paid advance background check on both of them....I aapreciate all of the different thoughts and opinions.
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Re: Illegal Activity want other landlord's advice ASAP
by Anonymous
on February 14, 2012 @14:43
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I know exactly how you feel, and like it or not, you are constrained by the law and your lease. I had a tenant get busted for possession with the intent to traffic. He was arrested kicking and screaming in the backyard of my property at 10pm. Eventually he was cuffed and stuffed. All the neighbors looked at me with venom, but I could not get the tenants out cause they paid on time each month (I had a lawyer). FYI Nothing showed up on this guy's background check either. I'm convinced some of these lifetime criminals have a way to fool the sytem. One thing you might consider trying, something I never tried and wished I had, is to simply ask if they will leave. Give them the opportunity to get out by month's end, and you'll term the lease free and clear as long as the place is in good condition. You might have to inform them there are disturbance reports coming in, and they need to stop, and maybe it's better to simply part ways on good terms.
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Re: Illegal Activity want other landlord's advice ASAP
by Anonymous
on February 15, 2012 @02:11
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Give them a forcible detainer, which is the three day notice. Staple a copy of the arraignment outcome to it. Proceed forward with an eviction. I would get a copy of the police report showing the male tenant was arrested for heroin trafficking. Take it to court with you. Heroin trafficking is serious, and your best bet is to get them out. The next thing you may have to deal with is a drug overdose in the house.
I would get advice from a real lawyer, one well versed in dealing with landlord-tenant issues. Your lawyer may be able to call her and tell her to exit, rather than drag it out.
Do not accept anymore rent from these people, and get them out for your own sanity and the sanity of the neighbors. I went through this and the next tenants I rented to took care of my house, and paid their rent. I had to take one step back to get two steps forward. You don't let her stay there, she is most likely selling or depending on the drug money. And she isn't going to be able to make enough now that they have charges around them, because the users don't want to buy from someone who has just been charged, and risk getting charged themselves.
Every case is different...in my case a police officer ended up getting injured, two adult males got tazzed and faced a laundry list of charges, as well as the family dog getting tazzed. The woman left the house a mess, too.
I would tell the neighbors if any more children wander across the street in pajamas, make sure the child is safe,call the police and let the police get children's services involved. A child deserves better.
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Re: Illegal Activity want other landlord's advice ASAP
by ERIC
on February 15, 2012 @08:14
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This sounds like one of Obama's cronies. Drugs and weapons. Don't worry.
You rented to a baby mill. You did not do a proper background check. Evict the female if she cannot pay. Terminate the lease if you can. Or evict for the crimes immediately.
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