Upstairs tenant affect my downstairs tenant, what to do?

Upstairs tenant affect my downstairs tenant, what to do?

Norfolk, VA · Member since 2018 · 65 posts · 15 votes

Short story for context.

Duplex, up/down.  Upstairs tenant does has not paid rent since I purchased home in Feb.  Started the eviction process in March, and due to covid the eviction date was pushed to July 8th (yay for me).


My downstairs tenant the other day asked if she could get out of the lease a month or two early, because the upstairs tenant is smoking weed so heavily (illegal in Virginia), that the smell is starting to come through downstairs tenants AC ducts, and she was two young kids.  I am already in the eviction process waiting just a bit over a week now, my questions are:

Is there anything I can do right now?

If there is nothing I can do till Court, how can I better prepare for this?

Is there any way to have her escorted out of the property sooner than normal due to the illegal substance use and health affects on the tenants kids below?  

Thank you, i have never dealt with a situation like this so anything helps.

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  • Dick RosenPro Member
    Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
    6y

    Talk to your eviction attorney but you are more apt to get a faster eviction for breach of lease in regards to illeagle substance and you can also fall back on the other tenant deserving "quite Enjoyment" of their rental property. But these things need to be spelled out in your lease before hand.

  • Attorney · Carrollton, IL · Member since 2020 · 65 posts · 14 votes
    6y

    @Shane Welch. Consult your attorney - ASAP.

  • MN · Member since 2018 · 78 posts · 19 votes
    6y

    First thing that came to my mind when you mentioned “illegal” was to have the downstairs tenant call the police.

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