Tenant is doing drugs in apartment

Rental Property Investor · Gig Harbor, WA · Member since 2016 · 54 posts · 23 votes

One of my tenants admits to doing drugs in the apartment, and states that he has no problem with it. He agrees to pay for a broken window and carpet replacement due to wax burn marks on the carpet. Should I evict him immediately, or should I wait for payment? His lease expires in June, and since I inherited him from the previous owner, there is no clause about drug usage I the apartments. What legal grounds do I have? Thank you so much for any advice!

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Real Estate Investor · Shelton, WA · Member since 2013 · 369 posts · 639 votes

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Darren Budahn
Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
9y
Read the lease you inherited. However The fact that he has admitted to committing a crime I'm sure is grounds for eviction He has also committed property damage. Is he disturbing anyone else in the building? These could both be grounds for eviction. I would ask him to leave voluntarily otherwise I'd get rid of him. But read your lease thoroughly.
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Real Estate Investor · Shelton, WA · Member since 2013 · 369 posts · 639 votes
9y
@Cedric Van Duyn So he's already agreed to replace the window and carpet? What kind of drugs are we talking here?
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Steve RozenbergPro Member
Specialist · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
9y
You better be careful, there are certain types of criteria that this could be considered a "disability" which is covered by fair housing and discrimination laws and protection and if they have admitted an issue can be construed as them having a disablitly.
Over 50% of all fair housing claim violations in 2015 were due to disability violations.. I would follow the letter of the law in this one or you may be standing in front of a judge explaining why you violatated someone's rights.. I don't think it's right but it's the law and you better know it
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Darren Budahn
Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
9y
@Steve Rozenberg Are you saying that recreational drug users are a protected class? That's news to me.
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Scott Weaner
Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
9y
@Darren Budahn, they must be emotional support drugs!
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Darren Budahn
Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
9y
Lol. I mean I could see if it was for medical purposes and you had proper documentation from a doctor. But I can't imagine any judge thinking that an illegal drug user who is damaging your property is a protected class.
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Steve RozenbergPro Member
Specialist · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
9y
@Darren Budahn I'm
Saying you better know the law before you make assumptions or comments to think just because you are the landlord your smarter then the law and the tenant.
Are you current and up on the new fair housing and discrimitiation laws? If not you need to read up and educate yourself... welcome to the tenant rights part of your business model!
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Real Estate Investor · Shelton, WA · Member since 2013 · 369 posts · 639 votes
9y
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Darren Budahn
Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
9y
@Steve Rozenberg
Can you show us where in HUD's fair housing laws that recreational drug users who damage property are a protected class? Or, can you provide us recent caselaw where this happened? If so, I'll gladly admit I am wrong.
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Darren Budahn
Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
9y
In addition, if you are referring to the Americans with Disabilities Act, illegal drug use is not considered a disability. Here are two quotes straight from the US Dept. of Justice Civil Rights Division...
"Casual drug use is not a disability under the ADA"
"In order for an individual's drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities. In addition, the individual could not currently be using illegal drugs"
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Steve RozenbergPro Member
Specialist · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
9y
@Darren Budahn I am not saying you are wrong and not about to spend my time defending a lowlife tenant doing drugs in a residence, and say it's ok. What I'm saying is that just because you may think your right and your perception does not always mean your right in the eyes of the law. I am not an attorney but I manage over 600 properties and am a part of NARPM as well as a speaker both across the US and Australia to discusss mistakes owners make by not know the current local and federal laws and end up costing them big money just to try and say they were smarter or right.
And as we all very well know, you can be sued for anything "right or wrong"... and as I said when you are standing I front of the judge you better have your information correct and not a smart *** comments because when the dust settles you have a business and you will lose.. right or wrong unfortunately doesn't matter.
Or you can keep trying to outsmart a tenant that has been doing this their whole life with comments and innuendos to make you feel like the smarter owner instead of trying to provide a solution to rectify this situation and follow the law.
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Steve RozenbergPro Member
Specialist · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
9y
And no... I never said ADA but you can feel free to mention that in your rebuttal to the Judge if you think it will help Build your case against yourself
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Darren Budahn
Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
9y
The law states very clearly that recreational drug users are not protected. You have offered no proof that they are protected. But, nevertheless, the OP should be very careful because anybody can sue anybody for anything.
You also said, "when you are standing in front of a judge you better have your information correct"....."because when the dust settles you have a business and you will lose." Please describe why you think the property owner should be worried about losing in the scenario the OP laid out.
You also said, "Or you can keep trying to outsmart a tenant that has been doing this their whole life with comments and innuendos to make you feel like the smarter owner instead of trying to provide a solution to rectify this situation and follow the law."
Why do I need to outsmart a tenant when the black and white letter of the law is on my side?
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Darren Budahn
Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
9y
No you didn't say ADA. But it's rather hard to figure out what you are referencing since you provide no evidence for how illegal drug use is a disability. Are you referring to Fair Housing Laws? If so, again please show us where illegal drug use is a disability or a protected class.
But, hey anybody can sue anybody for anything even if the law clearly is not on their side, so I guess we should all close up shop on our businesses because as you said, "when the dust settles you have a business and you will lose."
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Investor · Birmingham, AL · Member since 2015 · 45 posts · 10 votes
9y
Based on current civil forfeiture policies I'd evict Immediately. Read the article below, the son was arrested with $40 worth of drugs. The police confiscated their house and kicked them out. http://www.cnn.com/2014/09/03/us/philadelphia-drug-bust-house-seizure/ If You know illegal activity is taking place doing nothing is complicit.
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Rod HanksBusiness Member
Insurance Agent · Dallas, TX · Member since 2013 · 743 posts · 462 votes
9y
Ask him politely to leave. Send him a letter and tell him verbally that no illegal drug use is allowed and if it is you will call the police and have him evicted.
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Cedric Van Duyn
OP
Rental Property Investor · Gig Harbor, WA · Member since 2016 · 54 posts · 23 votes
9y
Thank you all for your contributions. I realize that I need to look a little deeper into the situation. The tenant is on Section 8 housing for a mental disability related to traumatic experiences in his life. I need to look into this, as it seems like a potential complication. Some phone calls to the local police department and my lawyer to follow...
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Rod HanksBusiness Member
Insurance Agent · Dallas, TX · Member since 2013 · 743 posts · 462 votes
9y
@Cedric Van Duyn
Even better....report him to his case worker at the Housing Authority. They do not tolerate illegal drug use and will remove him from the program.
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Cedric Van Duyn
OP
Rental Property Investor · Gig Harbor, WA · Member since 2016 · 54 posts · 23 votes
9y
Originally posted by @Rod Hanks:

@Cedric Van Duyn
Even better....report him to his case worker at the Housing Authority. They do not tolerate illegal drug use and will remove him from the program.
Just did this, thanks for the suggestion @Rod Hanks!
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Mark D.
Beverly, MA · Member since 2016 · 25 posts · 4 votes
9y
If you don't like him... find another reason to get him out the unit. I would leave the drug issue alone. Or Make it uncomfortable (with in the law) for him to leave there.
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Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
9y
The ADA issues that have been mentioned come up all the time in sober living. We actually play both sides. There is a simple rule.
You cannot evict someone because they are a drug addict. Drug addiction can be a disability under federal law. You can evict someone for using drugs because that is a crime under federal law.
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Patti RobertsonBusiness Member
Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
9y
I believe that in order for the tenant's voucher to be in jeopardy he has to have a drug charge. SEC 8, at least in my area, doesn't drug test, so reporting suspected usage wouldn't do any good. Sounds like he may be a disabled VET? If so, he should have a VASH case worker in addition to a SEC 8 case worker. VASH case workers are more hands on and will make field calls to check on a tenant's welfare. I would make the tenant accountable for the damages ASAP. If he pays any portion of his rent, apply his payments to the repairs first, and then to rent. If he doesn't pay any of his own rent, repair and bill anyways, and sent him a demand letter (whatever your state calls it), and then take him to court for a judgment when he doesn't pay. The goal isn't to evict. The goal is to hold him accountable for the repairs he caused. Once you have a judgment he should be able to get assistance from a charity of social services program to save him from being evicted.
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Andy W.
Investor · Meridian, ID · Member since 2016 · 47 posts · 35 votes
9y
Just going off your avatar, are you from Washington? Isn't recreational marijuana use legal in that state? And going off of what Patti Roberson was guessing, if he's a disabled vet with PTSD he might have a medical marijuana prescription. I'm not sure how that pertains to landlord / tenant law, but just an observation from the replies I've read.
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Federico Gutierrez
Realtor · Cleveland, OH · Member since 2015 · 2k+ posts · 857 votes
9y
If his causing damage to your property I would personally ask him to leave. There will come a point in time when the security deposit doesn't cover the repairs and it's going to come out of your pocket. Don't let that happen.
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Justin Peila
Investor · Tacoma, WA · Member since 2015 · 94 posts · 25 votes
9y
Cedric we are in the same neighborhood - what type of drugs are we talking about here? Pot? If that is the case then you may have to wait for him to be late to evict since it is legal in Washington state now. However do reread the lease does it mention anything about "criminal activity" - and if it it more than pot that constitutes eviction If you really want to get picky pot is not legal federally but that could lead to a sticky situation. Also if he has a prescription for medical marijuana then it is legal. If you need a local attorney recommendation let me know. Good luck.
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