Real Estate Agent · Salt Lake City, UT · Member since 2014 · 473 posts · 230 votes
That title caught your eye, didn't it?
I have 4 tenants in this property.
So tenant A & B saying tenant C is smoking pot in the house (I've already given her a warning based on prior rumors). Also, tenant B says tenant D is doing it as well. I have written statements from both tenant A & B. Is that enough to evict the pot smokers?
Real Estate Investor · Cambridge, MA · Member since 2014 · 52 posts · 15 votes
12y
It's decriminalized in a lot more than 2. I'm not a smoker, so I don't know the laws in and out, but I know that in MA, personal use is close enough to legal that it doesn't seem to be underground anymore...
To the OP, I wouldn't evict on the basis you have and I wouldn't get involved in the domestic situation.
Excuse my ignorance, but how do I know if they are all on the same lease? That they all signed the same contract? If that's the case, they didn't, since I inherited 2 of the tenants.
Excuse my ignorance, but how do I know if they are all on the same lease? That they all signed the same contract? If that's the case, they didn't, since I inherited 2 of the tenants.
William is assuming that the 4 tenants share one unit [house? apartment? condo?] so they are all on the lease together. Is that the case, or are you talking about a fourplex?
Investor · Des Moines, IA · Member since 2014 · 238 posts · 230 votes
12y
@Taylor Chiu If this is your first eviction, and you do NOT have a signed lease with all the tenants as mentioned above, I would strongly suggest following @Jon Holdman 's advice to finding yourself an attorney. It can get complicated very quickly if you do not have your ducks in a row. Once you understand the process (starting with tenant screening and lease signing) you will be able to avoid using attorneys in the future.
The form you mentioned could work... but again, I would certainly advise contacting an attorney to deal with this for your first go around. Consider it a paid learning expense that you can write off against this property's income! :)
Investor · Des Moines, IA · Member since 2014 · 238 posts · 230 votes
12y
Unless you have a physical document with all four of their signatures, simply because they live in the same unit does NOT mean they are on the same lease. I have seen landlords rent by the bedroom with kitchen/living/dining room designated as common area... Separate leases for each room. I have also seen two tenants on one lease, and two more on a separate lease sharing the same unit.
If you inherited this, try to track down the original lease (ask your tenants as an absolute last resort)... If you know that two existed prior to the two new ones, I am guessing you have separate leases.
bennett, CO · Member since 2014 · 225 posts · 122 votes
12y
As many of you know, I am Autistic. Because of that I both perceive and interpret the world totally differently than most neurotypicals [non Autistics] I am aware that my way of thinking and behaving is considered 'weird as hell" by many NTs'. [neurotypicals] Most Autistics are incredulous as well by NT conclusions and rationale.
Every Autistic is different. That being said, we TEND to be perplexed by the fact that we are in a world that leans towards hive and herd mentality. There is much that Autistics can learn about the positives of this type of mentality. Conversely, there is much that I believe NTs' can learn from us. That being said, this is my take on what is going on.
A and B said that C was smoking pot in a rental. The fact that A and B said that, does NOT make it true. Suddenly, there is this LEAP into ecstasy and mushrooms and selling drugs. I have re-read posts on this thread numerous times and I cannot understand how that leap took place.
I would be very wary of evicting someone based on gossip or scapegoating and jumping to conclusions. It could backfire in a courtroom. BigTime.
Ok, that makes sense. In that case, they are actually all on separate leases. I am renting by the bedroom with kitchen/living/dining room designated as common area.
You're probably right, a lawyer would be very helpful sorting through all of this....
Littleton, CO · Member since 2014 · 195 posts · 72 votes
12y
Since you inherited 2 of the 4 tenants, and since they signed a lease from the previous Owner, how much time is left on the lease that they signed?
It is worth the extra money to hire a Real Estate Attorney to draw up an iron clad lease that protects both the landlord and the tenants. I have read a few stories about how "professional" tenants have found ways to make a landlords life hard due to them using a basic lease that they downloaded or got at Officemax.
Is it common in your area to forbid any kinds of smoking? Make sure that your new lease covers e cigarettes, vaporizers and other forms of "smoking". I do not think it is a problem in your area, but in Colorado, marijuana edibles are being eaten by individuals and minors/ kids that do not know that the food has THC in them.
Is this happening in the duplex that you have or have you procured more properties since you filled out your profile?
Please keep us updated on your progress with this situation.
Homeowner · Pittsburgh, PA · Member since 2014 · 854 posts · 511 votes
12y
After you consult a lawyer and evict the two pot heads, buy a dorm size fridge for each bedroom. Chances are A & B would have never complained if it wasn't for C & D getting the munchies and stealing A & B's food.
The notice you posted is a non-curable Notice to Quit. Do not use this one as your situation should be curable and you probably don't have a winnable case if they contest. There are three kinds: Pay or Quit, Comply or Quit, and Notice to Quit. You want a Comply or Quit.
Sounds like you need to get your paperwork in order before pursuing an eviction. Not knowing who is on what lease will not get you very far in the courts. Consider the Utah Apartment Association for up-to-date docs and other resources.
Needless to say, nothing is stopping you from having a sheriff knock on their door with a legal looking notice. You do not have to pursue an eviction, but you will get their attention.
But I don't see what you're getting so worked up about. Is the rent not getting paid? Are cops getting called? Do you fear physical destruction of the property? If we pursued every tenant we suspected of smoking pot, we'd be out a lot of money in legal fees for picking fights with otherwise great tenants.
Just throw it back at the tenants and tell them if they can't work it out, you'll have to kick them all out. They'll come up with something.
bennett, CO · Member since 2014 · 225 posts · 122 votes
12y
Non payment of rent and if my inspections showed abuse of my property. For most other things, I would call the authorities or whatever ONLY IF I would call the authorities on their behavior if they were NOT my tenants. [ie. meth lab, child prostitution ring,]
Yes, this is the same duplex that I've mentioned in other threads.
The two tenants I inherited are under contract through the end of October. Only one of them is involved with drugs. The other one involved with drugs is unfortunately someone that I screened. She passed her background/credit check, and her references panned out. Guess the problem is that she was already friends with the other girl doing drugs.
I'm not sure where the old leases came from, but the new lease that I use is one that has been drawn up by a real estate attorney.
Yes, it is common in our area to forbid any kind of smoking. I'll make sure that those things are included in the future leases.
Real Estate Agent · Salt Lake City, UT · Member since 2014 · 473 posts · 230 votes
12y
@Account Closed
Hah, it's actually quite the opposite. Tenant A saw some of tenant C's brownies on the table, and almost took some. Later on, tenant C offered tenant A some of them, telling her they were marijuana brownies.
Thank you for the information. You're right, I need to wrap my head more around these documents. I'm hoping that tenant C and D take my first option and just decide to leave on their own. We'll see...
The reason I'm getting worked up about this is because my other tenants don't deserve to live somewhere where illegal activity is taking place. And it also scares my wife, since we live in the unit downstairs. If they were off in an SFR, I probably wouldn't care as much. I know it would be easier to tell them to settle it themselves, but that's not the route I'm going to take.
Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
12y
Just seeing the last post.
So druggies in one unit and complainers in the other?
We use a very different lease when we rent by the bedroom. Going forward, try to get one lease per legal living space/unit. Different policies apply when you have to police multiple leases in a shared arrangement. We had a tenant in a shared BR arrangement who was mentally ill and had kept a handgun (legally) which was a very delicate situation.
Rental Property Investor · Harrisburg, PA · Member since 2013 · 161 posts · 62 votes
12y
Taylor, at the end of the day it's your name on the property and your investment. Only you can determine what is best for you. If you feel you need to take action, do it. Otherwise, rework your lease agreements for next time!