Tenant in Jail: neighbors seeing tenant using drugs in garage

Pittsburgh, Pennsylvania
General Landlording & Rental Properties
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Tenant in Jail: neighbors seeing tenant using drugs in garage

Spencer Herrick
Pittsburgh, PA · Member since 2019 · 40 posts · 16 votes

I have a tenant that was in property when I aquired it. He has been nothing but a headache for my neighbors and the police, despite him always paying rent on time. At the moment, he is apparently in jail for theft in another county. My neighbors say he is an avid drug user. The neighbor of this property is very nice and has been keeping me posted on the activity there. She stated that he has been using drugs in the house and apparently, one of the neighbors saw him shooting up in his arm while the garage door was open. I need to go down to the property and go in as apparently he left some windows open that need closed. This is my first rodeo with this type of thing. I need to get him out of there. Do I have grounds to do so? I have several police reports also. I also don't know what I should do if I find drugs or drug paraphanalia while there. Call the police I would assume? Looking forward to ending this all and getting him out of there! Thanks in advance!

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Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
2y
Quote from @Michael Smythe:

Where's @Jim K., he'll know what to do:)

@Spencer Herrick

You say you have police reports. Are they police reports that will verify drug activity? That will make this an open-and-shut case. If the police reports will not verify drug activity, you will have a longer path to eviction.

Let's say the reports verify your allegation of drug activity. You can immediately post a 10-day Notice to Quit. As soon as those ten days are up, you can file a Landlord-Tenant complaint at the local district court. They will schedule a hearing. Call the police agency that responded and get the police report numbers for the reports before the hearing, they will not release the reports to you, but they will to the district judge.

Show up at the hearing, explain the situation, give the police report numbers to the judge.

If they check out, you will usually get an order of judgment immediately. Keep checking the unified judicial portal on the day the judge says he'll issue his ruling.

The guy's in jail, and he likely won't appeal. 11 days after the order of judgment is issued, go and file for an order of possession. That will usually be ready the next business day. Get in touch with the constable listed in the order and go from there. Do whatever the constable tells you to do, he is the real hands-on expert at the actual eviction process.

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  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y

    @Spencer Herrick, first I would give notice before entry. I would just post on the door 24 hours ahead of time.

    Second, the neighbors accusations mean little to me except as a red flag to look into something. Neighbors are unlikely to show up in court to testify, plus they may have another beef with the tenant that biases anything they say and you may not know that. 

    You say you have several police reports? So, the police have been called to your property for illegal activity on the premises? If so, that would be actionable to me.

    Unless the infraction is egregious impossible to correct, the first step is a lease violation warning.

    For example, if the police came out and cited them for excessive noise at night, I would issue a lease violation warning and cite the lease term about not disturbing neighbors.

    If they violate the lease again in a similar way, then I would give them their notice to quit aka eviction notice and then go to court to evict if needed.

    Are they under a lease? How much longer is their lease? Its easier if you can just nonrenew them because you don't have to justify any reasoning for that. 

    2Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Spencer Herrick Do you have an emergency contact. If you are saying he is in jail in another country maybe it is as simple as contacting someone to determine the situation and agree to terminate the lease. Otherwise do what @Kevin Sobilo advised. 

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    If they aren't on a lease, why not simply give them the required notice and have them move?  If they are on a lease, don't renew it.  

    0Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y

    Thr neighbor has no idea what they saw, nor should you rely on what they are saying. What if they were "shooting up" insulin or ozempic. 

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  • V.G JasonPro Member
    Investor · Member since 2022 · 3k+ posts · 3k+ votes
    2y

    Hire a property manager.

    What is this ****?

    0Reply
  • Alecia LovelessPro Member
    Member since 2019 · 3k+ posts · 2k+ votes
    2y

    @Spencer Herrick It is in my leases that drug activity will be a cause for eviction.

    While I’m not personally the pot police if there were actual police reports regarding this or if I saw proof of it at the property I would immediately begin terminating the lease.

    If he’s in a month to month simply non-renew immediately for August 1 and get on with it.

    0Reply
  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y

    I'm sure when you get there to do your inspection you'll find that he left his keys on the kitchen counter, took most of his clothes and left behind nothing but trash and old furniture. That combined with the call you received informing you that he moved out is good cause to believe the unit has been abandoned. 

    Document the story, have your hauler take everything inside to the dump, change the locks. Advertise and rerent. If he can't afford to get out of jail he can't afford your rent. The sooner this is over the better off you'll be.

    If you find drug stuff while you're there just have the hauler take it to the dump. The police can't do anything about it. He's not there and thus not in possession of anything in that house.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Spencer Herrick:

    Yes, you should enter and secure the property. If you see any drugs or other illegal items, snap photos for your records. Would I report it to the police? Depends on what I found. And the police probably won't do anything about it unless it rises to the level of a large enough crime.

    I've had similar situations like this. I contact the individual in jail, either in person or by delivering a letter. I let them know I'm aware of the problems and that I want them out. They've always complied. If they don't, you can start the eviction process to get them out for criminal behavior and lease violations.

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  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    2y

    Take a video as you enter and walk through the property and narrate what you see!

    Way better than pics.

    Can help justify what you find is grounds to secure the property to protect your investment.

    Get an attorney involved pronto.

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  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    2y

    Where's @Jim K., he'll know what to do:)

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  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    2y
    Quote from @Michael Smythe:

    Where's @Jim K., he'll know what to do:)

    @Spencer Herrick

    You say you have police reports. Are they police reports that will verify drug activity? That will make this an open-and-shut case. If the police reports will not verify drug activity, you will have a longer path to eviction.

    Let's say the reports verify your allegation of drug activity. You can immediately post a 10-day Notice to Quit. As soon as those ten days are up, you can file a Landlord-Tenant complaint at the local district court. They will schedule a hearing. Call the police agency that responded and get the police report numbers for the reports before the hearing, they will not release the reports to you, but they will to the district judge.

    Show up at the hearing, explain the situation, give the police report numbers to the judge.

    If they check out, you will usually get an order of judgment immediately. Keep checking the unified judicial portal on the day the judge says he'll issue his ruling.

    The guy's in jail, and he likely won't appeal. 11 days after the order of judgment is issued, go and file for an order of possession. That will usually be ready the next business day. Get in touch with the constable listed in the order and go from there. Do whatever the constable tells you to do, he is the real hands-on expert at the actual eviction process.

    3Reply
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