Duplex came with Drug Dealers

Investor · Waldorf, MD · Member since 2013 · 21 posts · 3 votes

12y

Yea, it could be a problem. You would have to disclose to other potential tenants that want to move in, the aroma could carry over to their unit. Then if they have a problem with the smell they may want out, or stop paying rent.

pro:

You have paying tenants.

Cons:

Slippery slope. Property might get stigmatized and you could lose potential good future tenants.

The lease should have a clause in it about "illegal activities" Contact your attorney to find out the next step.

btw.... legalize it already

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Stephen S.

Wholesaler · Holiday, FL · Member since 2013 · 571 posts · 221 votes

12y

Chris,

How about this? You casually 'run into' one of them outside and say: Hey; how's it goin? (insert some smiling small talk here) and then (lean in and softly) say - look; you know I have been meaning to talk to you anyway. (grin) I'm not really as dumb as I look and I think that maybe some things are going on here that maybe shouldn't be. For one thing: there is an awful lot of 'coming-and-going ' traffic all the time . . . and you know; stuff like that catches my attention. And look; I'm not really trying to get too much into your personal life - but maybe you could work it out so I don't have to get involved? No hard feelings - but I would consider it a personal favor if you could, ahhhh . . . . keep it all out of sight? Maybe take it somewhere else? Look; I'm a good guy - I'm not looking to break your balls here - but if EYE am seeing this stuff - who Else might be noticing things too? Everybody isn't as nice as I am - you know what I mean . . . .

And carefully gauge the reaction from the guy during the whole of the above. If you are wrong you can always back-pedal your way out of it. Anybody can make a mistake - even you and me. <g>

Originally posted by @Chris Heeren:
I just purchased my first Upper/Lower Duplex and have 3 tenants in the upper unit. I have been renovating the lower the last few weeks and am almost ready to rent the 3 Bedroom place out. The upper tenants are nice/friendly kids who have been living there for 2 years and have always paid their rent on time and great to deal with. However, as I have been working there the last several weeks, the common area's constantly smell like pot and during an entire day 20-30 people will come and leave the property at various times. Some sneak around the back entrance and tip toe up the stair-well. I have also seen some people leave with glass jars of which I couldn't see the contents, though they do have about 4-5 cases of empty glass jars in their storage area.

I'm looking for advice on how to deal with this scenario? If I evict them before I have a tenant on the lower level I'm stuck paying all the bills through out the winter. What grounds do I have to send an eviction notice other than the smell? I was thinking of sending them a warning/complaint message about the amount of traffic going in and out of the property? Any advice would be appreciated!

1 Reply

Account Closed

Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes

12y

Originally posted by @Jeffrey Charter:

Yea, it could be a problem. You would have to disclose to other potential tenants that want to move in, the aroma could carry over to their unit. Then if they have a problem with the smell they may want out, or stop paying rent.

pro:

You have paying tenants.

Cons:

Slippery slope. Property might get stigmatized and you could lose potential good future tenants.

The lease should have a clause in it about "illegal activities" Contact your attorney to find out the next step.

btw.... legalize it already

I'm with you on the legalize it already. But even with legalization there are so many issues remaining for landlords. Smoking is smoking, whether it's smoke from tobacco or marijuana or cloves, it's smells and, depending on proximity, it's second hand smoke. Smokers and non smokers in the same building is usually a problem. There are a ton of other options for using cannabis but it's going to get weird if (when) it's legal and all the landlord can do is have a no smoking rule.

1 Reply

Jeffrey Charter

Investor · Waldorf, MD · Member since 2013 · 21 posts · 3 votes

12y

Originally posted by @K. Marie Poe:

Originally posted by @Jeffrey Charter:

Yea, it could be a problem. You would have to disclose to other potential tenants that want to move in, the aroma could carry over to their unit. Then if they have a problem with the smell they may want out, or stop paying rent.
pro:

You have paying tenants.

Cons:

Slippery slope. Property might get stigmatized and you could lose potential good future tenants.

The lease should have a clause in it about "illegal activities" Contact your attorney to find out the next step.

btw.... legalize it already

I'm with you on the legalize it already. But even with legalization there are so many issues remaining for landlords. Smoking is smoking, whether it's smoke from tobacco or marijuana or cloves, it's smells and, depending on proximity, it's second hand smoke. Smokers and non smokers in the same building is usually a problem. There are a ton of other options for using cannabis but it's going to get weird if (when) it's legal and all the landlord can do is have a no smoking rule.

Absolutely, I agree smokers and non-smokers don't mix. I lived in a townhome and my neighbor was a heavy smoker. The aroma would seep through to our unit. My wife was always bothered by the smell. Me, I had no problem. There would have to be a no smoking rule from here on out. Possible a designate smoking spot for the tenants that smoke.

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Kate Elson

Weymouth, MA · Member since 2013 · 11 posts · 9 votes

12y

I know this response is a little late but I just had a similar experience.
I had and inherited tenant on the 2nd floor of a triplex. The renter was a mother with her 20 something daugher and two young grandchildren. I had my suspicions about the 20 something with strange comings and goings and having that glassy eyed look. I had no proof other than a bad feeling and the Mother always paid the rent on time so I kept an eye out when I stopped by for maintenance but didn't feel I could do anything without proof. They lived there for about a year without incident. About a month ago my first floor tenant called to let me know that her roomate's boyfriend had a heroin overdose at the house and later died at the hopital. He got the bad Heroin from the second floor tenant (the Daughter's boyfriend)
I spoke to the police and they couldn't give me a report since the investigation was ongoing but told me I was on the right track would be wise to end their lease. I then notified both tenants that I would be ending their tenancy at will and they have 30 days to move out. They both took it relatively well and complied. I have two apartments to rent but at least I can sleep at night. I truly hate to think if something had happened to one of those little girls with this going on in the house. Social services is involved with them now. I feel bad about the grandmother and the kids but I can't have a heroine dealers/ users in my house it's in a nice quiet suburban neighborhood.

This is why I have a tenancy at will agreement instead of a long lease. If your tennants do not have a current lease with the previous landlord then they would be considered tenants at will and either party can end the tenancy with 30 days notice. You will not need proof of illegal activity. I suggest you figure out if they have a current lease or not and go with your gut and get them out. Don't assume it's just pot. Your liability is too great to have drug users in high numbers coming and going from your property. I would bet chances of a "slip and fall" would be much greater.

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Jarrod Weaver

Broker/Investor · Georgetown, TX · Member since 2011 · 249 posts · 146 votes

12y

Don't market the other unit to a family, find another "herbal entrepreneur" and double the rent! Just kidding... Although it may be tough financially, you know exactly what you need to do. I WOULD NOT involve the police. If you do there will be a documented paper trail of drug trade at the address. If you smell pot then they have broken their lease by participation in illegal activity.

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Thomas Mitchell

Wholesaler · East, TX · Member since 2012 · 88 posts · 61 votes

12y

the libertarian in me says don't worry about it. The landlord in me says the same thing. As long as the "green" they provide you can be deposited at the bank, who cares what they do?

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Mike Krieg

Investor / Syndicator · Austin, TX · Member since 2015 · 366 posts · 220 votes

11y

I'm dealing with a similar issue next to my triplex. We've managed to shine the spotlight on the operation next door quite a bit through working with law enforcement. But to take matters further, I've decided to write a personal letter to the owner and ask if he might want to sell his place for cash. My thinking is that the owner might want to get out of owning a rental where his tenant are dealing dope. If that's the case, I may be able to do a wholesale deal by assigning a contract to an investor. That way we can clear it out, renovate and redeem the place! I love that is this possible--redeeming these homes and this part of the city! But, not sure how successful this will be. I'll share my results after I send my letter.

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Deanna O.

Rental Property Investor · San Diego, CA · Member since 2010 · 366 posts · 314 votes

11y

Tell the existing tenants that you have noticed a lot of "shady characters" around the neighborhood, and start talking with great enthusiasm about these amazing new surveillance cameras you've found that transmit images directly to the cloud, and a security system with facial recognition linked DIRECTLY to the local police department!

So that's the over-the-top solution. Easier;

Start by putting lots of bright lighting in around the property with motion detectors, while removing excessive shrubs to make it feel really exposed to enter the property - 20+ feet of walking in wide-open, exposed, well-lit pathway-- more if possible. In passing, mention the new surveillance system that you are thinking of putting in. Tell the existing tenants that you really hate to do it, but due to the cost of all the remodeling their rent will be going up when their lease comes up for renewal; you feel really, really bad about that though, so if they find a new place and want to leave early you won't hold them to the remainder of the lease.

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Duplex came with Drug Dealers

Duplex came with Drug Dealers

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