Re: Illegal Activity want other landlord's advice ASAP

Re: Illegal Activity want other landlord's advice ASAP by MrDan (Georgia) on February 13, 2012 @20:06

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.

[ Reply ] [ Return to forum ]

Re: Illegal Activity want other landlord's advice ASAP by Anonymous on February 14, 2012 @13:12	[ Reply ]

Great information here. I would get them out of my property the quickest way legally possible.

Re: Illegal Activity want other landlord's advice ASAP - Landlord Forum thread 248179