Female tenant living alone. I gave her a notice because she had her boyfriend staying there when she was not home. I told her I could add him to the lease if he passed a background check. He did not pass. Now, do I trespass him? Do I have the legal authority to trespass him if he's not causing problems at the park? Or do I continue to allow him on the property as long as she is home? It was a drug offense.
Caffeine’s a drug, Tylenol’s a drug, Marijuana’s a drug. All can potentially have negative effects but all can have positive uses if used correctly and responsibly. If you have reason to believe this guy is selling weed from your property or dealing drugs in general get them out of there but if it’s a prior charge for potentially having a little weed in his possession you might want to rethink kicking them out. It’s your investment and your rules but keep in mind all “crime” is not created equal.
Marijuana is a little more mind altering than caffeine or Tylenol.
Please tell me how much cannabis you have smoked in your life?
Every day from age 16-22. If you have found nothing better to do with your life, then you're a loser.
And tripped on acid every day for 18 months age 21-22.
Caffeine’s a drug, Tylenol’s a drug, Marijuana’s a drug. All can potentially have negative effects but all can have positive uses if used correctly and responsibly. If you have reason to believe this guy is selling weed from your property or dealing drugs in general get them out of there but if it’s a prior charge for potentially having a little weed in his possession you might want to rethink kicking them out. It’s your investment and your rules but keep in mind all “crime” is not created equal.
Marijuana is a little more mind altering than caffeine or Tylenol.
Please tell me how much cannabis you have smoked in your life?
Every day from age 16-22. If you have found nothing better to do with your life, then you're a loser.
And tripped on acid every day for 18 months age 21-22.
Nothing better to do with my life? You don't even know me. I never said anything about me smoking Cannabis. I do have a sister in law who uses Cannabis for seizures (successfully runs the biggest catering business around) and I have a friend who uses it for Rheumatoid Arthritis (and he's a Chiropractor.) If you still think that only losers and unsuccessful people are the only ones using Cannabis then you need to crawl out from under your rock.
What part of your criteria did he fail? Was it a no misdemeanor charges or was it a zero tolerance for drugs? regardless, either change your policy or keep him out. I am not a fan of "This one time" exceptions. Because they open you up for discrimination later. Make a policy and use that, if the policy has to change fine, but don't allow exceptions.
Caffeine’s a drug, Tylenol’s a drug, Marijuana’s a drug. All can potentially have negative effects but all can have positive uses if used correctly and responsibly. If you have reason to believe this guy is selling weed from your property or dealing drugs in general get them out of there but if it’s a prior charge for potentially having a little weed in his possession you might want to rethink kicking them out. It’s your investment and your rules but keep in mind all “crime” is not created equal.
Marijuana is a little more mind altering than caffeine or Tylenol.
Please tell me how much cannabis you have smoked in your life?
Every day from age 16-22. If you have found nothing better to do with your life, then you're a loser.
And tripped on acid every day for 18 months age 21-22.
Nothing better to do with my life? You don't even know me. I never said anything about me smoking Cannabis. I do have a sister in law who uses Cannabis for seizures (successfully runs the biggest catering business around) and I have a friend who uses it for Rheumatoid Arthritis (and he's a Chiropractor.) If you still think that only losers and unsuccessful people are the only ones using Cannabis then you need to crawl out from under your rock.
What is your screening criteria. That is all that matters. If you have a zero tolerance policy then a individual does not need to even have a conviction you only need to know they are using drugs.
If you intend to make a exception for this individual for using pot then you do not have any pot restriction in your community. That is however your decision.
Plenty on here are judgemental and believe they should be writing and deciding what is and is not illegal or should and should not be part of your screening standards. It however is not their call.
Decide what you want and ignore everyone else's personal opinions. It is not their community it is yours. You will have to live with your decision.
One word of advice, if you let him in you best keep a close eye on him. He will end up as a permanent tenant will all his short comings.
MHP investor from Johns Creek, GA · Member since 2014 · 123 posts · 31 votes
8y
Hi. In the end it is just a misdemeanor. We screen out felony drug charges in my parks. That will keep out the dealers. The dealers are what you have to worry about in parks. They will cause others to leave. A misdemeanor like this is very minor IMO and not worth the paperwork to evict.
Investor · Stevens Point, WI · Member since 2017 · 77 posts · 31 votes
8y
There's a heck of a lot of people out there with pot misdemeanor convictions. I'd consider what you think you will gain by denying those people access to your units, and then do a bit of research to confirm that you will actually gain something by doing that.
I let him move in, but let's rephrase the question...
What if he had a worse charge like theft or drug trafficking? I wouldn't add him to the lease, but could I trespass him and not allow as a guest? Is that legal? Can I evict her based on having a guest with criminal record? Can I request background checks for guests who visit frequently? How do I know someone's uncle Steve that visits 3x/week isn't a pedophile?
Investor · Beacon, NY · Member since 2017 · 10 posts · 3 votes
8y
I’ve had a similar issue in the past. In New York, I needed to move quickly because once the boyfriend uses your address for mail, he has established residency and the police will not remove him. I’m sure you can find a way to explain the situation and that he is not allowed to live in the apartment. For my properties, anyone over 18 must pass the background check and is not allowed to register as a “guest”
I’ve had a similar issue in the past. In New York, I needed to move quickly because once the boyfriend uses your address for mail, he has established residency and the police will not remove him. I’m sure you can find a way to explain the situation and that he is not allowed to live in the apartment. For my properties, anyone over 18 must pass the background check and is not allowed to register as a “guest”
But I'm not sure that I have the legal right to trespass someone just for visiting too often. My only option would be to evict, but I'm not sure I can do that unless the guest is there when the tenant is not, or stays longer than the 3 days consecutively that it says on the lease. And I can't be there 24/7 to watch the place. If the person in question is not causing any problems, then I don't think I can legally trespass them.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
8y
It seems a lot of the people giving you a hard time on this thread are assuming the conviction is for SMOKING weed, but around here getting caught with a small quantity would be a violation and the person issued an appearance ticket, as I understand it (your jurisdiction may vary, of course). If the misdemeanor was for SELLING weed, that is a different issue entirely, and in my opinion much more concerning.
Investor · Albany, NY · Member since 2015 · 134 posts · 132 votes
8y
The issue in our state (New York) is that a landlord cannot legally restrict a tenant from allowing another "occupant" to live in the apartment, regardless of their background. New York Real Property Law 235-f, titled "Unlawful Restrictions on Occupancy" provides that it is unlawful for a landlord to restrict occupancy to "a tenant or tenants or to such tenants and immediate family." It further provides that any lease entered into by one tenant shall be construed as permitting occupancy by "immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence." Occupant is defined very broadly to include "a person, other than a tenant or a member of a tenant's immediate family, occupying a premises with the consent of the tenant or tenants."
In other words, in New York, an applicant for an apartment can tell you that he or she is planning to live in the apartment by his or herself, go through and clear your background check, move in, and then permit another person with a criminal record (or any other undesirable rental history characteristic) to move in. This law is obviously very landlord unfriendly and quite controversial. Not too many landlords and tenants are aware of it, but it has the potential of rearing its ugly head in the event of a legal proceeding, with bad consequences for the landlord.
I would definitely check with a licensed attorney in Florida to ensure that there are no similar laws limiting your ability to restrict occupancy of your properties. The last thing you want is to be liable for a violation of such a law on top of a difficult tenancy which you are forced to continue.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
8y
You forgot to add, "permit another person with a criminal record AND THAT PERSON'S ENTIRE IMMEDIATE FAMILY to move in" which is stipulated under the aformentioned NY law. Now ask a friendly attorney who is on the hook when said unscreened criminal assaults one of your other tenants or abuses another tenant's child? (Hint: it's probably not your tenant of record that invited them in.) Outrageous, but true. This is one of the many reasons why I do M2M tenancies exclusively here in Blue York.
Investor · Albany, NY · Member since 2015 · 134 posts · 132 votes
8y
Yeah, this can definitely be a real problem in New York. M2M leases is one way to deal with it. Luckily, I have not had too many issues with non-tenant "occupants" at my rentals so far.