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?
All pot jokes aside, I think you definitely have to consult an attorney. Perhaps consider what @Jon Holdman suggests and switch to a month to month lease for all new tenants.
This changes everything. If you live there the rules are completely different. Fair housing does not apply in this situation as well. It will also be easier to oversee the move out without them damaging the place. I would still consult an attorney and find out what your rights are given the situation that you live there, but if you want them gone it should be quick and easy in this case. Paul at Utah Apartment Association is also an attorney and is familiar with the rules of this type situation. Might be worth checking with him.
Thanks for the heads up Mike. I don't know much about the Fair housing laws yet - what difference does it make since it doesn't apply in this case?
I don't know entirely how it impacts the eviction side of things, but you can discriminate on who you rent to without following Fair Housing laws. You may still need to follow proper time frames and rules for eviction, but this is where I would consult with someone in the know. I would be less worried about giving them extra time though, since you live there and can oversee things better.
None · Virginia Beach, VA · Member since 2014 · 126 posts · 50 votes
12y
@Taylor Chiu Sounds like you have a mess here. Looks like that greed may have caused a major problem for you. Best I can understand is that you have a duplex, in which you have rented out rooms in, to 4 separate tenants. Now you have a problem? Well first of all do you live on the property? Is it legal to do this in the community that the property is sitting in? Most cities it is not. In the city I live in, that it is not. It is legal for someone to rent a property and rent rooms in it providing they live on the property. It is legal for the owner to live in the property and rent rooms in it. It is not legal for someone to rent separate rooms in it, unless a responsible party lives on or occupies the property. Now two or more tenants are allowed to rent a property under the same lease agreement of course. Do you have a designated responsible party that lives on the property? People used to call them "house mothers". You do have a big problem, however, the problem you created yourself may cost you much more than rent. Actually what I can figure out is that you are basically running an unlicensed motel without a manager.
None · Virginia Beach, VA · Member since 2014 · 126 posts · 50 votes
12y
Well in this case you do not have a problem. Call the police when you smell the pot smoke. The tenants that are doing it will be arrested, and you will be able to evict them without a problem. Matter of fact, if you know it is going on, and fail to do anything about it, your property is at risk.
Well in this case you do not have a problem. Call the police when you smell the pot smoke. The tenants that are doing it will be arrested, and you will be able to evict them without a problem. Matter of fact, if you know it is going on, and fail to do anything about it, your property is at risk.
@Taylor Chiu,
I wonder how long this has been going on in your property? If the police already have the property under surveillance for the trafficking of drugs, you may have already lost your property for failing to report it. All they need to prove is that you were told this was happening and you failed to report it, therefore you may find yourself in trouble for hiding or supporting an illegal enterprise. I am not trying to scare you, but these things do happen.
I personally think you should take a breath and think it through. I know its easy to want to stomp up and down and want tenants to act a certain way on OUR property especially when you live there as well. This thread has gone from smoking pot to drug trafficking ? FYI possession of small amounts of marijuana isn't going to get them arrested....a ticket at most in most parts of the country
You indicated there leases are up at the end of October correct ? An eviction in most states can take a month or longer in most states and the chances of winning in my opinion are not that great if they fight . Not to mention the $$$ and time and aggravation of living below them during the process. Additionally, tenants can be vicious on the way out by causing damage to your property and your possessions. You really want to do this to save a few weeks ?
I would have a sit down with them and say " I don't think we are a good fit and I will not be renewing your leases. I know its difficult to find a place in October(Made that up) would you like to agree on a 30 day notice right now and we can end the lease in September or earlier if you find another place ? And remember in your lease, no smoking is allowed and my attorney has suggested I call the police if there any further issues"
Real Estate Agent · Salt Lake City, UT · Member since 2014 · 473 posts · 230 votes
12y
@Edward Briley We'll see, I'm going to talk to the girls this afternoon, and then things will (hopefully) start to clear up.
@Greg H. Great advice, I especially like that last paragraph. Unfortunately, only one of the leases is up at the end of October. The other one is signed on through next August. Since that's the case, what advice do you have?
Aurora, CO · Member since 2012 · 2k+ posts · 1k+ votes
12y
The pot issue aside, I would talk to them about the smoking. It is expressly prohibited and they are breaking the lease. If it were my house, that would be my issue. I hate smoke. I don't hate pot. (Plus, I live in Colorado, so I'm not obligated as a landlord to hate pot!) But you can tell them absolutely no smoking. Or evict them for smoking. You don't even have to mention what they are smoking, they'll know what you mean ;)
Where you live you do have a legal issue. If you suspect dealing, call the cops. (And, incidentally, private dealing would still be a legal issue here in Colorado as well) They may choose to investigate. If not, I would think you couldn't be accused of being complicit if there's a problem later.
These are the types of problems that are bound to come with renting rooms. I know the profit potential is higher, but when people choose their own roommates they are much more likely to have common tastes and habits and not get into these conflicts (or at least not drag the landlord in to them)
I was going to suggest the same thing as Greg, but I assumed since you screened one of the problem tenants that their lease doesn't end in October as well. If the leases expire for both problem tenants, then I would definitely consider just not renewing.
Investor · Pittsburgh, PA · Member since 2014 · 266 posts · 240 votes
12y
I know nothing of the actual logistics of dealing with evictions, so my thoughts are a little esoteric on these matters.
LEO surveillance for a couple of college kids smoking weed?
Life on the mean streets of Provo, UT is probably not the south side of Chicago...but I imagine (hope) that even the Provo PD has better things to do with their time and money than to stake out a couple of college-age stoners.
I know that there are rumors of harder drugs being ingested and there are also rumors of dealing...and that is problematic. But unless you have seen drugs and money change hands, that's a slippery slope you are getting yourself into. If you alert the authorities, they may arrest everyone in the apartment...even tenants A&B (if I am reading correctly they all live under one roof). Police just LOVE to hear the "but but but it's not mine, it's that guy's" argument...and then chuckle as they place cuffs on your wrists.
Just a thought, but have you spoken to the alleged guilty parties about their recreational activities? Just because the government tells you that cannabis is "bad" doesn't mean that all people who choose to alleviate the stress of their day (similar to a glass of wine) are hideous criminals. Often being "cool" with them will lead to far more respectful behavior. Reason being, no one wants to go to jail...especially someone recreationally using weed (and possibly mushrooms and ecstasy).
One last thought, have these tenants been problematic, or are these issues a result of their roommates problems with their habits? Meaning, if tenant A&B had not come to you with their concerns, would you even have noticed that something was going on? I haven't had a roommate since I was 19...mostly because I get very very annoyed with people in short order. Sometimes people just aren't meant to live together.
Haha, don't worry, I don't think Provo is the next Chicago. I have spoken to Tenant C about her habits before. At that point, I had just purchased the property, and told her I didn't know what was true or not, but that I would give her a fresh start. I did say though that marijuana use would be a reason for eviction in the future.
The tenants can be loud late at night, and there are a lot of different friends coming by, but nothing too extreme outside of what tenant A & B have brought up.
I'm leaning toward taking the easier options first - even though tenant D's lease isn't up until next year, I don't think she'll want to stay if her friend is leaving and she know's I'm tracking what she's up to. So hopefully both of them will just leave in the next month.
Bear, DE · Member since 2014 · 178 posts · 65 votes
12y
Vicki Gleitz
You have to be very careful. I am not a lawyer but as a Realtor we have know a little about real estate law. We also have a lawyer to get clarity on various subjects.What you described is a delicate matter especially in a state has legalizes the use.
Statements by other tenants is considered hear say. To evict a person you need to have solid proof. Look at it this way. What if the other tenants do not like the one for whatever reason. If you evict this tenant and they sue you and they prove non of what was being said is true. If you have a lawyer speak with him or her. If you don't have one, get one.
no, I wouldn't say obligated. But it could offer a level of protection if you were somehow held liable for the activity. I'm no expert, and a lot of this has to do with how aggressive the drug laws are in your area. It seems that lately the feds are deferring more to local laws for pot. So I'd at least get current on what those actually are, but I wouldn't lose sleep over it. Sylvia B is right, smoke ruins houses. But at least nobody smokes three packs a day of pot, so the damage wouldn't be anywhere near as fast or as extensive.
I wish you would have used first names. I know A & B are the complainers and C & D are the potheads, but I can't remember which of the potheads makes the spiked brownies?
If C is the brownie maker, I suspect D will leave with him/her.