I have a duplex, and tennant one, lets call her Mrs. Problems, and tennant two, Mr. PaysMore.
Mr. PaysMore has thretened to move should I not get rid of Mrs. Problems… The complaint is drugs and guns on the property wich I have verified. I can replace the tenant quickly enough in this market, and have started that process of course. but the thought of a formal eviction to remove a (currently paying…) tenant that is bringing guns and drugs to my property makes me sick to my $tomach.
Are there situations in wich the police can evict for you without the formal eviction process? say, the presance of illeagle firearms, or drugs? Perhaps just come in suddenly and arrest people? or do i HAVE To pay the City to do its little dance…
I know that any illeagle activity on the part of the tennant can speed up the evection process, but what if the situation is simply more pressing than the beurocratic proccess can deal with?
Thank god this one is a cash cow. Tis the spice of life these situations.
All I can say is, “Wow!” You clearly have more of a stomach for this than I do, and/or more Kahones. (That was a joke - get it? Cuz I’m a woman… :o)
Anyway…I would logoff and call the police (anonomously). And I’d keep calling them until they get their butts out there and arrest the person. Today is the first - is rent due? See if she can be taken away prior to paying rent. Then tomorrow you could probably start the eviction proceedings so you have that to fall back on if she doesn’t leave of her own accord.
If she’s doing all of that, surely there’s some other clause of your lease she’s breaking…you could get today’s rent, give her a 30 day notice (which I’d try to get signed), and THEN call the police. If she’s signed the notice and is in jail when the 30 days is up could there be a case made for abandonment?
Might be one to call your lawyer about. But I’d get her butt out of there. Even if PaysMore bails the next tenant will likely not like her either (or start doing deals with her! Yikes!)
Keep us posted! It’s better than a Miami Vice re-run!
Karla in Amarillo
RedRoom,
Not sure where you are, but does your lease state “no firearms”?
There is a likelihood (perhaps small, but still a likelihood) that the tenant legally possesses the firearms. As far as I know, the 2nd Amendment to the Constitution is still intact.
The drugs are another thing entirely but play carefully! The tenant still has rights to unlawful searches and seizures – it’s often a shame – they may have a lot more rights than you do AND they are putting YOU at risk!
Just my $.02…
Keith
I should add that what I witnessed on the property was a fire-arm and a marijuana joint, I made the assumption that the gun was an illeagle one… I never did witness a crime as smoking a joint in your house is a petty misdemeanor in this state, wich is not a criminal offence. I do not have a no gun clause in my lease… so your right, I want to be carefull filing police reports and evictions.
I have found that when I go bottom feeding the real estate in this peticular nehiborhood, I make a lot of money, but, I have to stomach certain… “elements”… I think its a reasonable expectation that the people who decide to live in such an area are comfortable enough with said elements not to manipulate me later with threts of moving out… I make it a point not to judge any tenant on anything more than the odds that they will pay their rent on time, If I forcefully evicted every time I realized a paying tenant did something ghetto I would be bankrupt.
I Think that, I will think of a way to calm down the situation without any drastic action. for now.
Too bad this is an up/down, the tennants dont really HAVE to get along as much in a side by side.
You’re “gut feeling” is probably right…but just go easy and make sure that YOU are not the one breaking the law!
Good luck and keep us posted as to how this develops!
Keith