Evicting a tenant for marijuana use?

Question

I moved tenants into a duplex where I'm currently staying.  It is a very cheap unit near a university.  They have done nothing but complain and make up complaints.  For example: "nobody cleaned it before moving in"  We cleaned the unit 3-4 times, removed dirty carpet, new paint and poly etc.

She called my property manager about 6 times yesterday about ants in the unit.  Even though the lease states we are not responsible for that.

The girl moved in and is proving to be a little crazy.  She may have lied about being a student and her job as well as shes home all day.  Her boyfriend hasn't left since moving in.  I saw the other night what looked like drug dealing activity from my window. The neighbor saw it as well.

Every day I walk up the stairs, it smells like marijuana coming from their room.

Can I evict them for this or do I need to call the police?

Nathan Gesner · Answer

You have grounds for termination. Tell her the unit obviously doesn't meet her expectations, you smell smoking inside, she complains too much, she has an unauthorized occupant living with her, etc.

Question: why isn't your property manager taking the lead on this? Your PM should have verified her employment and student status during the application process. Your PM should know how to handle unauthorized occupants. They should have a no-smoking policy, established fines, Notice to Cure or Quit letters, etc. They should know enough to lead the way on this issue so you don't have to worry about it. I think you need a better PM.

Nathan Gesner · Answer

If you have to do the heavy lifting, why not fire them and self manage?

Nathan Gesner · Answer

Your PM should require applicants to show current, verifiable income. A letter verifying what she did last year doesn't count. And did anyone verify the letter's author was legit?

So many red flags.

Billy Daniel · Answer

My first thought is how did she lie about her job and student status?  Your PM should have verified those things, right?  Are they both on the lease?  It sounds like one signed up and then the other moved in.  Most leases don't allow that, so there are some grounds to evict.  Most leases also address illegal drug use at the property.  You would need some solid proof of that though.

Overall, she just sounds like a bad tenant.  They have the right to call and complain, even if it's their responsibility to correct the issue.

Bruce Woodruff · Answer

What does your lease say about the pot smoking? Do you allow smoking in the unit?

If not, then I'd get them the H outta there and find someone better. Just do a better job of screening this time - I suggest doing it yourself as well.

Scott Mac · Answer

If it were mine (and I don't do student rentals but from a property management point of view).

Maybe coach the (young inexperienced) renter about calling several times about the same thing--ants, etc..

Ask to see a copy of her class scheduled for this semester.

Confront her directly about the suspected Narcotics issues and advise her on your (and the Police Departments) policy regarding that.

Come at the issue with a customer service attitude vs. an adult/child attitude, ie. (just want to let you know so we don't have to have you move out kind of thing).

It seems like you have this renter (on thin ice), maybe give her time to thicken the ice--because it is student housing and your replacement renter will probably also be inexperienced in life.

Good Luck!

Sometimes the Police Officers damage the house on drug raids (making your nice rental into an instant Fixer): https://www.youtube.com/watch?v=IFIyQe5QdYI

Anthony King · Answer

@Ian Loonce Before you fire the PM I would direct them to get the person out of there, with cause, for drugs, and lying on their app if you can prove what you're saying above. Get your money's worth and make him clean up the mess he made. Once it's complete fire him and don't let him place a new tenant. Sounds like you're at the place and/or driving by it more than him so just manage it yourself.

Melanie Thomas · Answer

I am going to mirror what most other have already said.

Properly vetting applicants/tenants is PARAMOUNT! Sounds like your current PM needs to go back to basics in applicant screening. I would take a look at the lease and move to get them out on breach of lease for unauthorized occupant and/or smoking. I would recommend working with your current PM to get these folks out and start over fresh with a new PM company. This is a good situational question for the next PM you interview. I am always happy to recommend a good PM company when the time comes. Good luck!

Bruce Woodruff · Answer

They probably already know you're the owner, people aren't stupid. Get rid of them as fast as you can, legally of course.

Adriaan Sierra · Answer

My opinion, so make of it what you will:

It sounds like your communication has been subpar on many fronts.

If you are doing the PM's work, you need to either fully own it or find someone that would.

If you have grounds for concern about illegal activities why not contact the tenant directly instead of making assumptions. Same goes for work / school, though what people make on their time shouldn't be your business (provided they pay).

If the tenant is clearly communicating a problem (ants), given the observations above, I wouldn't be surprised if she has not received proper information on how to resolve the problem.

Evicting a tenant for marijuana use?

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