Cannot Evit Tenant Fast Enough - Help!
A tenant in our two-family is causing so much trouble with the other tenant that the good one is telling us that they are thinking about leaving!
They smoke pot, party and make loud noise. We filed the eviction paper (Jersey City court) but that will not happen in 3 weeks.
i told her to call the poice when it happened but the police said there is nothing they can do. Unless you see the pot, you can't arrest them. The smell of pot in the hall way and the other tenant's apt. does not mean the police can go in and search.
We told section 8 about this and they said there is nothing they can do unless we give them some kind of police report or court paper.
What can we do? They obviously doing something illegal but can get away with loophole in the law.
HELP!
I use a huge guy everyone calls "Big Mike" he weighs over 250Lbs, has gold teeth and looks very scary. I always introduce him as the new tenant that is going to be moving into their apartment. From there he pretty much does the rest....
Well, Im just kidding...kinda.
Legally, you need to determine if they are in violation of any section in their lease. If so, then they are in breach of your contract. According to your post they are "smoking pot" if you have a crime free lease addendum then there you go. They are in violation. You need to call the police youself about the drugs...Back to the crime free lease addendum, I would make them sign it.....it should read like this:
CRIME FREE LEASE ADDENDUM As further consideration of and for the foregoing Rental Agreement/Lease and any renewal thereof, TENANT(S) and LANDLORD further agree as follows: Al. TENANT(S), any members of TENANT(S)' household, or a guest, invitee, or other person under the control of TENANT(S), shall not engage in criminal activity, including, but not limited to, drug-related criminal activity, at THE PROPERTY, or on or near the premises. "Drug-related criminal activity" means the intentional illegal manufacture, sale, distribution, use or possession of a controlled substance. A2. TENANT(S), any members of TENANT(S)' household, or a guest, invitee, or other person under the control of TENANT(S), shall not engage in any act intended to facilitate criminal activity, including, but not limited to, drug-related criminal activity, gang activity, or illegal defacement of property with graffiti or otherwise, at THE PROPERTY, or on or near public or private property and the premises. A3. TENANT(S), any members of TENANT(S)' household, or a guest, invitee, or other person under the control of TENANT(S) shall not permit THE PROPERTY or the premises to be used for, or to facilitate criminal activity, including, but not limited to, drug-related criminal activity, regardless of whether the individual engaging in such activity is a TENANT, any member of TENANT(S)' household, guest, invitee or other person under the control of TENANT(S). A4. TENANT(S), any members of TENANT(S)' household, or a guest, invitee, or other person under the control of TENANT(S) shall not engage in the unlawful manufacturing, selling, using, storing, keeping, possessing, or giving of a controlled substance at any location within, on or near THE PROPERTY or the premises. A5. TENANT(S), any members of TENANT(S)' household, or a guest, invitee, or other person under the control of TENANT(S) shall not engage in any illegal activity, including, but not limited to, prostitution, criminal street gang activity, threatening or intimidating any person whomsoever, assault, the unlawful discharge of fire arms, or unlawfully brandishing any weapon whatsoever, or any breach of the Rental Agreement/Lease which jeopardizes the health, safety and welfare of the LANDLORD, his/her/its agents, other tenants, or any other person whomsoever, or involving imminent serious property damage to, or o, or near THE PROPERTY or the premises.. A6. Violation of the above provisions shall be a material and irreparable violation of the Rental Agreement/Lease and good cause for termination of the tenancy. A single violation of any provision of this Crime Free Lease Addendum shall be deemed a serious violation and a material and irreparable noncompliance. It is understood that such single violation shall be good cause for immediate termination of the Rental Agreement/Lease. Unless otherwise provided by law, proof of a violation under this Addendum shall not require criminal conviction, but may be proved to exist by a mere preponderance of the evidence. A7. In case of conflict between the provisions of this Addendum and any other provision of the Rental Agreement/Lease, the provisions of this Addendum shall govern. A8. This Crime Free Lease Addendum is incorporated into the Rental Agreement/Lease executed this date by TENANT(S) and LANDLORD and any renewal thereof. Dated: _____________________________
LANDLORD TENNANTS____________________________
good luck
If you can get them out in 3 weeks, you are probably doing well. I am assuming that you have grounds for eviction under the terms of your lease. I don't know how it works in your area, but out here legal papers (actually a law suit) called an Unlawful Detainer are filed with the court. The Tenant has about 5 days to answer the complaint. If they don't, Landlord wins and an order is issued by the court for the sheriff to physically remove them. It sounds like you are along a similar path.
I doubt that the police in your area have powers of eviction, so other than the possibility of arrest they are not likely to be of much help.
You might talk to the other tenant and let them know that the problem is being addressed.
You can always pay them to leave. You can sign a mutual termination agreement that states that they agree to leave in 2 weeks and you agree to pay them, say $300.00. Or whatever price you'll agree to. This is probably the best way. Increase the price if they'll move sooner. In the meantime, put a for rent sign in the yard, and start showing their property for lease.
Otherwise, find a reason to terminate their lease, either through the good suggestions already listed or some really nitpicky thing you can find that's already in your lease.
If drug activity cannot be proved, music and other noise that disturbs or annoys neighbors is a violation in my lease. Hopefully your lease will have a similar clause.
In the meantime raise their rent by $100 or more while decreasing the other tenants rent by the same easing the pain until the situation is resolved.
Good Luck.