Investor · Houston, TX · Member since 2014 · 25 posts · 8 votes
Just came into a duplex to fix a leak due to a moldy exhaust pipe for the AC. I did let the tenant know; and found a table with cocaine spread out.
I'm in Texas. What are my options; or what CAN I do? I try my best to keep my properties family friendly and this is my first encounter with this.
Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
11y
I think you're looking for trouble. It sounds like he did not confirm permission for you to enter and if he finds out you posted pictures of his condom and baby powder on the internet he may be the new owner.
If there is no change in his behavior i'd forget it. He knows you were in the apartment. I doubt the police would do anything based on your observation and could be a problem for you if you produce those pictures.
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
11y
I also want to know how you were sure it was cocaine. Was there other paraphernalia around? Have you had trouble with these tenants before? Did you take a picture?
Investor · Houston, TX · Member since 2014 · 25 posts · 8 votes
11y
There was/is paraphernalia around (a mirror, rolled up dollar bills). Honestly, I looked at it..and with as much residue around I assumed it was not, thinking, "this would be very wasteful assuming as expensive as I've seen it is in movies." I took a few photos, and sent to a friend who is a 10 year sober recovering addict, and he confirmed it for me. There also was a bottle of "butane gas" which is used for "whip its".
No trouble with him before. He is currently separated from his wife, and has one daughter who both I have met. I did notice recently he was acting a bit erratic when I contacted him to come over to fix the leak when it started; but my mind was elsewhere obviously.
Time line:
I texted him at 9:00AM that I would be entering the home to continue the repair.
Entered the home around 10:15AM.
He has not contacted me back as of yet. Am I legally able to contact the police, and evict him? This is my first time dealing with this issue; and obviously I do not want him on the property any longer at this point.
Homeowner · Signal Hill, CA · Member since 2015 · 521 posts · 70 votes
11y
^ CRINGE!
what irks me the most is recreational drug use has gotten SO prevalent across america, young and old people alike!
and that most can actually act 'normal' and deny it so much so that even their parents spouse or kids would swear they dont do anything 'but cigarettes' even when mj or harder drugs are indeed being used recreationally.
i'd contact police to investigate (ie, what exactly is that white powder in my house?!) as illegal drug use/posession is CRIMINAL regardless of circumstances. see something, say something! be safe and take measures to not be victimized as a 'snitch'
Investor · Arlington, TX · Member since 2015 · 104 posts · 47 votes
11y
I have a friend that at one time owned over 70+ single family rentals. He had the police knocking on HIS door in the middle of the night to take him straight to a Judge. One of his tenants had a police visit due to a noise complaint. The police smelled marijuana when the tenant opened the door which gave them probable cause to search. The police found multiple types of drugs AND a baby in one of the closets that someone had traded for drugs. Long story short, because my friend was well known in his town, the Judge started the eviction process immediately. I would MUCH rather lose some rental income than have the State seize my property because of tenant drug use.
Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
11y
I think you're looking for trouble. It sounds like he did not confirm permission for you to enter and if he finds out you posted pictures of his condom and baby powder on the internet he may be the new owner.
If there is no change in his behavior i'd forget it. He knows you were in the apartment. I doubt the police would do anything based on your observation and could be a problem for you if you produce those pictures.
Investor · Houston, TX · Member since 2014 · 25 posts · 8 votes
11y
Bob - Lease States:
14. ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right at all reasonable times, and by all reasonable means, without notice, during the term of this Texas Lease Agreement and any renewal thereof to enter the Premises for the following purposes:
A. Inspect the Property for condition; B. Make repairs; C. Show the Property to prospective tenants, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; D. Exercise a contractual or statutory lien; E. Leave written notice; F. Seize nonexempt property after default. Landlord may prominently display a “For Sale” or “For Lease” or similarly worded sign on the Property during the term of this Lease or any renewal period.
If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in default.
Seems like I would be covered to enter at my own will at a reasonable hour..which I have done. The idea of my property being seized has my stomach turning. Thanks for your help guys.
Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
11y
If I saw that I would have gotten very freaked out.
I think a lot of leases are written where if there is a repair that the tenant complained about you have right of access, although I am not a lawyer this is not legal advice I don't know if the following is even legal and/or if it's in your lease,"A written repair request will be deemed permission for the Landlord or property manager to enter the property during reasonable hours to perform such maintenance or repairs in accordance with this agreement, unless otherwise specifically requested in writing by Tenant. "
However, I doubt this guy put a repair request in writing.
If this happened to me I would contact a tenant/landlord attorney, explain the situation, how much notice was given, etc. and ask for advice. They probably have had a client in the past who has run into this situation before.
We have a Crime Free Lease addendum added to our leases that make it easier for us to evict if the tenants have broken the law. One city we rent in requires it. Haven't had to use it yet.
14. ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right at all reasonable times, and by all reasonable means, without notice, during the term of this Texas Lease Agreement and any renewal thereof to enter the Premises for the following purposes:
A. Inspect the Property for condition; B. Make repairs; C. Show the Property to prospective tenants, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; D. Exercise a contractual or statutory lien; E. Leave written notice; F. Seize nonexempt property after default. Landlord may prominently display a “For Sale” or “For Lease” or similarly worded sign on the Property during the term of this Lease or any renewal period.
If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in default.
Seems like I would be covered to enter at my own will at a reasonable hour..which I have done. The idea of my property being seized has my Wemach turning. Thanks for your help guys.
I don't see permission to take photographs in your lease. I have a hard time believing anyone would consider it reasonable for someone to enter with barely an hours notice for a non emergency visit.
Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
11y
@Joseph West, if you no longer want him as a tenant, it should be easy. Just meet him at the apartment. Tell him what you saw, and say you don't want him to live there any more. Show him the pictures and ask him to move out by the end of the month. I think he'll be glad to move away once he knows you are aware of his habit.
Guy with Great Hair · Austin, TX · Member since 2013 · 2k+ posts · 4k+ votes
11y
I guess I'm in the minority when I agree with @Account Closed
Newsflash, people do drugs. The VAST majority of them use them in a recreational manner and so responsibly, and they don't have bad addictions.
If the guys is paying rent on time, then let it go. Don't interfere with someones life until it interferes with yours. Just to be clear, I'm not saying drugs are ok I'm just saying don't freak out over something until there is something to freak out over. a bit of cocaine found in a paying tenants home is not something I would worry about. If a problem starts to occur, then you know to proceed quickly.
The story would be different if you found a bunch of junkies with needles in their arms, passed out, graffiti on the walls, and the house destroyed. That would be cause for concern.
@Joseph West, if you no longer want him as a tenant, it should be easy. Just meet him at the apartment. Tell him what you saw, and say you don't want him to live there any more. Show him the pictures and ask him to move out by the end of the month. I think he'll be glad to move away once he knows you are aware of his habit.
OMG! Do not provide him evidence that you were snooping and taking pictures in his apartment. Those pictures should not be shown to anyone outside of your attorney, not even the police. If it were me I'd delete the pictures from this post now.
Investor · Houston, TX · Member since 2014 · 25 posts · 8 votes
11y
I agree with what a lot of people are sayin here
Yes. People do drugs. My instant worry becomes how openly it was out in the open; and the fact that there are 2 other women on the property who are single. There was multiple chairs around in the bedroom and it leads me to believe an all night binger was going on. Just speculation; but I instantly feel like I need to watch out for my property and other tenants.
I'm of the belief that if someone will treat their body like this; why would they care about the property I've worked my life to have?
I'll be notifying him of what I've found without photos, and giving him ample time to move out and find another place. I think this is a reasonable way to approach this and not involving he police. I will reach out to a lawyer today though.
Real Estate Investor · Greenville, SC · Member since 2013 · 47 posts · 24 votes
11y
@Account Closed: has the best question as to the first responsibility of the building owner. Most leases require min 24 hr notification unless its an emergency.
there after BP Nation: -Please people when in doubt first call a lawyer, the police or proper authority especially when the rights of others are involved. "Conditions and Terms" in a contract or transactional deal is one thing threat of jail, custodies, and civil rights is something completely different. Then take the next step: engage the proper authority, ask tenant to explain, look the other way and have it come back 10 fold should the detectives want to "ask you a few questions" upon his inevitable arrest. -Always attempt to enter a unit with a witness then proceed to work alone. Ask a neighboring unit to watch your knock and entry. It good business and risk management. -Never post speculative documentation as such on the internet until approved or absolutely needed. Even then why? This isn't the History Channel's "UFO Marathon" for the court of opinion or FaceBook. -Also, take a landlord class/webinar on this topic. Since legalized MJ this can be tricky waters for owners especially commercial property. Ask for the top 10 "If this, then what?" from your RE lawyer. I'm pretty sure most of the answers will be "call the police or your insurance agent unless you are being served or serving"
Real Estate Broker · Los Angeles, CA · Member since 2015 · 51 posts · 16 votes
11y
I doubt the state is going to sieze your duplex because somebody did drugs there. That would be absolute madness. Most drug users are renters, and most of them do drugs at home. If the government was siezing landlord's houses over this, it would happen all the time, and it would be well publicized.
Don't let people scare you into overreacting. Especially since we're talking about an untested white powder here. What if it was really Phenibut or some other legal suppliment you can buy straight off the internet that comes in white powder form? People snort the darndest things. All this drama could be for nothing, and then you have a pissed off tenant to deal with.
It sounds like this guy might be going through personal problems anyway. You really want to evict a paying tenant because he's making bad life choices? He is a human being, you even met his daughter.
Talk to your lawyer. Double check to make sure the state of Texas isn't siezing rental properties over tenant drug use. If they aren't then his actions shouldn't bother you.
Don't call the cops if your lawyer cannot produce a compelling reason why you should. The police will not make things easier on you. If they are siezing houses you'd just be turning yourself in! If they aren't you're just alienating yourself from a paying tenant.
I'll be notifying him of what I've found without photos, and giving him ample time to move out and find another place. I think this is a reasonable way to approach this and not involving he police. I will reach out to a lawyer today though.
Bob - there was a major reason - a leak in the next door due to the constant rain. His place has the direct access to the attic.
A landlord should never threaten if they can't/won't follow thru. What if the tenant says FU? You have egg on your face and a pissed off tenant. Maybe two tenants if he tells his lady friends next door who were partying with him. ??
If you feel better throwing a couple of hundred dollars at an attorney to hold your hand fine, but you have no evidence and possibly are opening yourself up for criminal or civil liability. At the most you might want to send out to all your tenants a reminder of no drug tolerance on the premises.
Investor · El Dorado Hills, CA · Member since 2012 · 1k+ posts · 1k+ votes
11y
Agree with Randy, I would address it directly with the tenant. Tell him that I don't want to go to law enforcement or evict him but he needs to be out at the end of the month. I would say that I will have my checkbook to refund his deposit at the walk through but I expect the place to be spotless. If he recently separated he may not be too far down that road to reason with.