Possible drug dealing tenant

Possible drug dealing tenant

Homeowner · MA · Member since 2009 · 24 posts · 0 votes

I just purchased my very first home in March. It’s a two-family and I fixed up the downstairs and moved in this April. Upstairs tenant has been there for 4years with various sketchy roommates. He has refused to provide any names of tenants and to not smoke in the apartment. NO lease was in place. I know I should have evicted him, but was afraid that he would retaliate against me. I am a single woman living downstairs from a very aggressive, angry person. He may possible be dealing drugs as he seems to behave like he is a drug user and I have had people tell me he is dangerous and a dealer. He FEELS dangerous to me.

Unfortunately, he has already contacted the Board of Health for a variety of reasons, regardless of the fact that I am 100% willing to make any improvements immediately. He has yelled at me, yelled at my neighbors, he has threatened to be my enemy. Currently, I am afraid to live there. I stay with friends, live in my car and go there about once a week. Always lock myself in and have friends around if I want to do any work in the yard when I am there. I have served a Notice to Quit regardless of the retaliation law that protects those who call the Board of Health and served a NO Trespassing warrant out of fear. From the 6 different lawyers I have spoken to, it seems he may win and I don’t know what I will do. It seems CRAZY to me that my rights can be so trampled, and I cannot even enjoy my first home.

The comings and goings of the many young men, for 5-10 minutes a time has stopped. He goes in and out all day, which is why I stay away, his presence is HUGE. I was there last night and he left 6 times between the hours of 9pm and 11pm. His vehicle is VERY loud. Transfer others coming and going to HIM coming and going every half hour.

I have considered talking to him, but I am afraid and I believe he is unpredictable. His rent is way low and I am sure he will try to keep it, but I can only pray that he wants to maintain a low profile. The day I was there last week, he bagan to scream outside about me moving his trash bins and began to stomp up and down the stairs and through the apartment. I packed up and went to the police, who were afraid that a visit would make it worse for me- what is that all about. Why are people like him SO protected. What can I do??? I’m in Massachusetts with very tenant oriented judges. HELP.

BTW-I believe he sabotaged my sewer pipes to call the BOH the first time. Leaves had been stuffed down the pipes-they came up through my tub when the upstairs washing machine drained. Granted roots were an issue-but how did the leaves get in there? Luckily I had the situation remedied within 24 hours-he still called.
This is amongst many other issues this man has created and he has attempted to set me up to make illegal landlord proclamations, which I have not really fell for- I got educated real fast. He was really banking on intimidating me and my ignorance- I probably did make some mistakes early on.

I am looking for any advice to get this man to NOT want the drama, because my suspicion is he is trying to keep his record clean. Legal and smart tactical advice is what I need, because this is affecting my blood pressure, my work and state of mind.

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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
17y

Sorry for your situation. As Mike would say, this is a self inflicted wound. You should have made it clear from the moment you bought the place you were a strong landlord, and you were in control. You've let him take control. Surely you noticed what was going on when you were buying the property. Giving notice on the day you took possession would have been the best approach.

No lease means month to month tenancy. Find out the minimum notice required by law in your area and give him that notice the lease is being terminated.

If you're unable to do this yourself, hire a property manager. Make it clear the situation, and that completing the termination of this tenant is part of the deal. You don't need any reason to terminate the lease because there is no lease. No eviction is necessary, unless you terminate it and he refuses to leave. A PM is likely going to make you pay through the teeth to take care of this situation.

You say "I am looking for any advice to get this man to NOT want the drama". Not going to happen. You want to change his behavior. Its not going to change. You need him to go away. Yes, he's going to put up a fight, cause problems, and most likely wreck the place. Welcome to the wonderful world of landlording.

Find an apartment to live in and rent it.

Assuming this place makes sense as a rental (read in the rental property forum, "makes sense" means the expected rent is 2X the P&I payment), let your PM get tenants in both units.

If it doesn't make sense as a rental, sell it..

See this reply in the discussion

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  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    I'm glad to hear that you're surviving and that your court date is coming soon.

    Good luck on selling your property!

    Mike

  • Homeowner · MA · Member since 2009 · 24 posts · 0 votes
    17y

    Another Question:

    Hi all-

    Ok, so I have been at the house a coupe of days and guess who has decided to spend more time here again and go outside everytime I do, and laugh manically and linger around the front door just to scare me off. He knows I am afraid of him and he is doing this intentionally. I filed a complaint again with the police just now.

    Any thoughts about a restraining order and an injunction against my tenant. My work has gone down the tubes and I am seriously facing financial hardship. Again, I live in Mass. and have spoken with my Representative, expect to contact my Senator also. Even though I have been able to spend a little more time here recently, I have done so very quietly and parked my car elsewhere, I still can not get my work life organized as I fear freely coming and going, and not being at home makes it so discombobulating.( I am self employed and schedule inspection appointments and write reports for work) Narc. cop says be patient, but I will be bankrupt if something doesn't give sooner than later and even if I win (big if), or sell it will be months and I could have to pay all his expenses. I was going to offer money to move, but I feel very angry that he can behave this way and I would give him any money, not too mention-I have none.

    Any thoughts on how this my help?
    Thanks again
    Sandra

  • Residential Real Estate Broker · Conroe, TX · Member since 2008 · 1k+ posts · 43 votes
    17y

    I remember as a kid, when I sobered up after joining the army.

    They informed me that I signed up to kill people. I said, "WHAT!! NO WAY!! All I wanted to do was to see the world, get an education, meet pretty girls and all that good stuff in the advertising!".

    They said, "that's all a load of crap. the main reason you're here is to kill folks." They referred to them as humanoids.

    I said, "Where's the exit!, Killing really isn't part of my nature. but, I have friends that enjoy this kind of stuff."

    There's help groups and people out there who enjoy stuff like this. I would call around to different community organizations who help to remove drug dealers and thugs from neighborhoods. You may be supprised at who's itching to tangle your problem for you. You might even call in to some of the local radio talk shows or call the T.V. station and see if any reporters hunt for stories like this. They might know someone who could further your cause. This could very well be news worthy.

    I'd drop every single elected official and or public servant who I have spoken to thus far in the grease if they haven't really tried to help. Are any of your elected officials on the bubble? Meaning....is there mounting opposition against them already?

    Remember, the squeeky wheel gets the oil. Just make sure you're protected before you squeek too much.

    Do you have an extra room? I recommend that you hire some off-duty Rambo, explain the situation and offer free room and board in exchange for handling this issue till you get it straightened out. Ask him to park his marked work car at the property. And as for talking to an Attorney, make sure you are speaking to a Real Estate Attorney.

    Remember.....you shouldn't be trying to compete in a dogfight, just bring the biggest meanest dog.

  • Homeowner · MA · Member since 2009 · 24 posts · 0 votes
    17y

    Hi All-

    Went to mediation on the 21st. I settled because my lawyer told me to. 2 months free rent and 2 months rent paid to get out by Sept 15th. It was also set up that he won't get all of it until the keys are returned and the apt. inspected.
    I am hoping he leaves. He was apparently getting extremely upset with all the people I was speaking to about him. I had heard through a confidential source that he is a blow hard, and will not hurt me....so I am still hoping, but I continued to contact the DA, the Supierior court Probation office, his old landlords, the Police as a means of obtaining evidence to discredit him and his bogus lies of slumlord abuse, so I could win the case.
    But I settled simply because I need him out ASAP, and could not afford to have the courts give him a 6 month stay.....I have to live here.

    In any event, I am extremely upset with the police, because through many situations they seemed to give him the benefit of the doubt and not really do much for me. The drug investigation was a joke. But it has come to light that he is a narc and has been since the 90's and that really speaks to his arrogance. They protect him.

    They ignored the reports of meth cooking parephinalia in my yard and basement and it was obvious, though only to me since I became informed. The first day I went to the police, he had it all removed within a couple of days....I wonder how he knew.

    I will inspect with a housing court specialist on Friday and would like to swab the walls....I just would not want anyone to live their without doing something if need be.

    Anyone have a suggestion for testing the apt for meth residue?

    Sandra

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    17y

    Even if you find that residue on the surfaces, how could you prove that it was caused by this occupant, and not an earlier one?

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    What happens when he doesn't leave as agreed?

  • Homeowner · MA · Member since 2009 · 24 posts · 0 votes
    17y

    Hi Steve & Mike-

    Well, firstly, he has lived there for 4 years. Even if I went to court and won a claim against him, he probably wouldn't pay-but I still NEED to know for health and safety reasons of a new tenant or for sale. I just wouldn't sell or rent knowing it's a possibility and doing nothing about it.

    Mike- He has waived all rights to an appeal and dropped all his claims against me. If he doesn't leave, he is charged $50/day and my lawyer gets a court order for removal by the sheriff. The judge signed off on the agreement. I'm still upset that I'll be legally bound to provide a neutral reference........any way around that?

    Also-any knowledge of testing for meth on walls etc?

    Sandra

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    17y

    How about something like:

    "Mr So-and-so resided at xxx Main St from xx/xx to yy/yy and vacated the premise on zz/zz as agreed." Refuse any further information. Anyone who calls will get the point there's more information you're not providing and its not likely to be positive.

    There should be companies in your area who will do meth testing.

  • Homeowner · MA · Member since 2009 · 24 posts · 0 votes
    17y

    Hi Jon-

    That's pretty good. If someone said that to me, I would ask questions.....but I think it says he wants a written neutral reference. Ugh! I think that would be ok to write though. Still, makes me feel guilty that I can't inform.

    I have searched the internet for meth testing/environmental companies, and have not found any who test around here, was hoping I could do it myself also.

    Thank you
    Sandra

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    17y

    I'm sure you can find test kits with google. I suspect these kits will test positive even if this person was smoking it, even if they weren't cooking. Meth lab cleanup can get really expensive. If trashbags are left behind, take great care. Cooking meth generates some very nasty waste gasses that are often captured in trash bags and abandoned. The cops call these "death bags" from the potential harm from opening them. Brown stains on the walls, a little ways down from the ceiling are a sign they were cooking. If you see that, get professional help. (My wife's a certified substance abuse counselor, by the way.)

  • Rehabber · Wilmington, NC · Member since 2009 · 23 posts · 10 votes
    16y

    I just came across this thread and was wondering how everything ended? Sandra, did you end up selling the house?

  • Rental Property Investor · Lisbon, CT · Member since 2008 · 120 posts · 29 votes
    16y

    wow.

    updates?

  • Homeowner · MA · Member since 2009 · 24 posts · 0 votes
    16y

    Hi All-

    After the mediation, he did leave. Two things that I did which I think helped. Only agreeing to pay him if the apartment was left in good condition and talking to many different authorities about him, which he became aware of. Initially after first talking to the cops, the drug paraphernalia was moved from my yard/basement-but his lawyer said he was getting very upset over all I was doing-I think this helped to keep him from doing anything stupid post moving out. It sucks that it cost me $6,000 in the end-but my lawyer was correct in saying this type of a problem is worth it. It could have taken almost a year to get him out otherwise and I just couldn't live that way.
    What also helped was that the tenants living with him blamed him. I over heard some of his roommates screaming at him for keeping their money, not paying me and causing so much trouble for everyone, I called the cops. One of his sons approached my daughter at a party and apologized saying this is what his father does and that he is a very crazy. The cops called me and noted that they knew where he moved to and contacted the local police to watch him.
    He got a battle he did not expect,I think, but knew what he could get out of me one way or the other. Scum.....professional tenant.
    All is well-I could never have sold it and it had taken me so long to be in a position to buy my own home, that it would have set me back further than the 6 grand.

  • Real Estate Lender · Philadelphia, PA · Member since 2009 · 216 posts · 112 votes
    16y

    Congratulations Sandra. I just read the whole thread, and I'm so happy that you got this taken care of. Good job sticking to your guns and getting him out of there! Hopefully now you can start enjoying your home in peace.

  • Member since 2010 · 14 posts · 0 votes
    16y

    These socialist comments are making the people in this thread look like crazy right wing wackos people find hard to take seriously.

    Please keep your hypocritical political views to yourself, it makes it hard to take your comments on this thread seriously because those comments are distracting, unnecessary, and illogical. my thread follows these brief words, below, regarding this subject.

  • Member since 2010 · 14 posts · 0 votes
    16y

    FYI: All of your socialist comments are absolutely ridiculous. Liberal is not the same as you being hard up for money you took the first person that came along. We've all made that mistake, you guys are just trying to make a political point thats as silly as all the tea parties cry's of foul play about 'exploding deficit' when not a word was said from 2001-2008. (since you guys are getting political, fair is fair in this country).

    THis sucks, take the hit and move out until he's out. He may leave raw chicken in your pipes out of spite, though...whatever, anything can be cleaned up.

    I lived with a tenant, a male and im female. ANd, I got a 3 day cease and desist with orders to vacate because he CURSED at me...once.

    So, you can take that to the "Socialist' court and get your "socialest order" placed on the doors by your "socialist sheriff" and can legally have him out pretty quickly.

  • Member since 2010 · 14 posts · 0 votes
    16y

    oh yes, as a single female, probably quite younger than you are, i ALWAYS carry my pepper spray...makes me feel good i have a surprise waiting for anyone who thinks they have me in their sites...tis good, because you can see if under IR lights, so if a police report is made and the suspect is caught,they can verify that that was the perp.

    you'll be okay lady, but toughen up, take the hit, and do whats safe versus what saves you money. being 'liberal' doesnt mean taking anyone off the street into your home, thats a cop out.

  • Landlord · Seattle, WA · Member since 2010 · 3k+ posts · 1k+ votes
    16y

    It seems that Sandra, bought this duplex with this tenant in it already. She knows now that was a mistake. Sounds like she has made good of a bad situation.

    I live in a Liberal town as well. Giving superior rights to criminals seems rather ridiculous. But sure don't want to interfere in there right to sell drugs and intimidate people.

    It may become necessary, but I don't have plans on living in the wild west or the wild east carrying six shooters and pepper spray. Perhaps it really is time to move to Texas.

  • Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
    16y
    Originally posted by Charles Perkins:


    I live in a Liberal town as well. Giving superior rights to criminals seems rather ridiculous. But sure don't want to interfere in there right to sell drugs and intimidate people.

    It may become necessary, but I don't have plans on living in the wild west or the wild east carrying six shooters and pepper spray. Perhaps it really is time to move to Texas.



    It is possible to have conservative values (pro death penalty, gun, etc) and high levels of scary, random crime simultaneously. Somehow Florida has managed to combine both. :roll:
  • OR · Member since 2008 · 1k+ posts · 845 votes
    16y

    Florida can thank Jimmy Carter and his Mariel Boatlift for that.

  • Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
    16y
    Originally posted by P NW:
    Florida can thank Jimmy Carter and his Mariel Boatlift for that.


    That definitely may be true for southeast Florida, but high crime in Orlando, Jax and other cities with no Cuban presence point to a bigger problem...
  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    16y

    Talk about being late to the party, this problem was resolved in December of 2009 and the tenant is LONG GONE!

  • Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
    16y
    Originally posted by MikeOH:


    Talk about being late to the party, this problem was resolved in December of 2009 and the tenant is LONG GONE!


    I think the OP is probably long gone from this forum as well.
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