Eviction Or Not-newbie Landlords Nightmare
Everyone,
I have just been notified of a landlords nightmare. I currently own several properties. I just rented a house to a person on 07/09/05. She was not qualified, but her aunt was. Her aunt was very qualified. No background, good credit, paid me six months of rent. Her niece has crappy credit, auto theft conviction 3 years ago. I would not rent to her so her aunt paid me 2 months deposit, 6 months rent in cash, and co- signed on the lease. The tenant called me today and said I had some mail there. As I was driving to the house to pick up the mail, there was police offer at another neighbors house. I went to check to see if the mail was underneath the door mat like the tenant said. It was not there. I noticed the police officer hawking me bad. As my girlfriend and I drove off, he pulled us over. I asked him what we were being pulled over for and he said the that there was no front license plate. No problem. He asked me what my association was with that house. I told him that I was the owner coming to pick up my mail. From this point, he did not even care about my girlfriends insurance and registration anymore. It turns out that the police have been to the house 3 times in one week, people where there claiming that they were the tenants when they are not, and there is an investigation going on with the detectives for possible drug dealing. He tells us to meet him at 7-eleven so we can talk. Very nice officer. More than willing to give me details and help me out. He said that he went into the house one night and there was some guy watching the kids that did not even know the name of the person who actually lived there. The officer also stated that the screen was ripped like people are coming in and out of the window. I need to get them out before the neighbors complain more and there is more problems. What would your steps be? Need some advice from an experienced landlord in California or any other advice is appreciated. Thank you in advance. Below is a clause in my lease.
I just noticed that I did not include any information on my move in letter regarding noise. Darn it. New lesson learned.
Rules/Regulations: Tenant agrees to comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use the premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the premises.
Obviously you need to get her out. Obvioulsy unless you are found guilty in a court of your peers it is hard to prove that they are dealing drugs. I would call the detective and ask what is documented. What can you use in a notice to the tenant. Then talk to a well respected eviction lawyer. In the mean time tell the tenant that it is not working out, you know that she is dealing drugs, the neighbors are complaining, the proeprty is destroyed, and that you are going to evict her. Woudl she rather get evicted or would she rather have $500 to move. She gets the 500 when the house is vacant and she signs a termination of lease letter.
Brenda
She can not give her a 30 day notice to vacate. The tenant has a lease.
Talk to an eviction attorney in your area.
Brenda
Thanks everyone for your replies. I am going to start with a warning letter. I will see what happens from there. She called me today and said that she has a little $60 boom box and she does not do drugs. She said why would she sell drugs when her aunt gives her money and everything she wants. She does not need the money.
Thanks finniganps,
My thoughts exactly. I told her already on the phone that I am not accusing her of doing drugs or selling drugs. This is just what is being relayed to me. I want to make sure this is a simple process and make sure we do not end up in any court. I am just going to start with the warning letter for the noise complaints. What do you think about me going to a couple of the neighbors houses and asking them what is going on?
You might want to read the applicable sections of this link to help answer what you can do.
http://www.dca.ca.gov/legal/landlordbook/
John (LV)