Questions about eviction

[i_am_a_camera]

What is the name of your state (only U.S. law)? PA

Please bear with me on this. I am currently renting a unit in a 3 unit apartment building, but the owner is willing to sell me the property for a fair price. For the past few months, one of the units has habitual pot smokers and has have the cops called on them several times (by me). After a few times of coming by without catching them, the cops finally caught them in the act smoking synthetic marijuana and issued a citation. Now, the lease that the soon-to-be former building manager wrote up states that drug usage of any sort is strictly prohibited and will result in eviction. Needless to say the building manager hasn't upheld that section of the lease, the cops stopped caring, and the owner himself doesn't care either way. Over the past few weeks the smoking has seemed to stop, but I still have a sneaking suspicion that they're still doing it in there. With all that said, here are my questions:

-When the building is officially in my name, can I evict them on the grounds of their past documented drug usage?

-Would I be able to evict them on the grounds that the property has been declared a nuisance property by the cops? In addition to the drugs, the cops have also cited their children for various reasons.

-If I cannot evict them on those grounds, can I terminate the existing lease w/o cause and give them X amount of time to find a new residence? It might be worth noting that in looking through the current lease (we all have the same leave w/o any modifications), there are no provisions that state that in the event of a change of management/ownership does the lease carry over.

This is something a new experience for me, as I have never purchased property before. Any and all advice or information would be greatly appreciated.

 

[Gail in Georgia]

How far along did this go through the legal system besides being "cited"?

What proof do you have to show to a court that the property has been deemed a "nuisance property" by the police whom you now describe as not caring about the issue?

The current lease remains in effect until it would normally expire even when new ownership comes into play; there are situations where this can be different (i.e., in some states, if the owner wishes to reside in the unit themselves) but that is not the case in this situation. A lease does not have to specify this clause.

If you have no proof that the smoking is continuing except a "sneaking suspicion" this is not going to hold any water in a court should the tenants protest your attempt to evict them. They would argue that their use of synthetic marijuana has now ceased following the contact with the police.

Gail

 

[i_am_a_camera]

How far along did this go through the legal system besides being "cited"?

What proof do you have to show to a court that the property has been deemed a "nuisance property" by the police whom you now describe as not caring about the issue?

The current lease remains in effect until it would normally expire even when new ownership comes into play; there are situations where this can be different (i.e., in some states, if the owner wishes to reside in the unit themselves) but that is not the case in this situation. A lease does not have to specify this clause.

If you have no proof that the smoking is continuing except a "sneaking suspicion" this is not going to hold any water in a court should the tenants protest your attempt to evict them. They would argue that their use of synthetic marijuana has now ceased following the contact with the police.

Gail

-As far as I know they were just cited. To my knowledge nothing else has come about it. And to clarify my statement about the cops stopped caring, I mention that because when I first brought this matter to their attention, they were pretty gung-ho about fixing the problem, even going as far as saying that they will pressure the building manager to evict them if they do find evidence of drug use or possession. But since the citation was issued, I have told them my concerns that they are still smoking up in the building, but they haven't come out even once despite saying that they would 'check it out.'

-I have been told by both several cops and the town's code enforcer that this property has been deemed a 'nuisance property'. As far as any paperwork concurring their statements go, I haven't seen any personally, so I don't know if there is any thing (paperwork or otherwise) outside of their statements. Would the cops have something on file that lists this building as such? If so,

-I understand that having only a 'sneaking suspicion' right now would get me laughed out of court. But couldn't I use both the citation and statements from other people (including the cops who issued the citation, as well as them telling me themselves that they smoke it) as evidence that establish a history of illegal behavior that would warrant eviction? What about when I do officially become the owner of the property and I smell it myself coming from their unit? What if someone else smells it coming from their unit and they notify me? There has to be something I can do.

I thank you for your time in answering my questions, Gail.

 

[Gail in Georgia]

Couple of things you need to ask yourself...

1. Do you really want to buy a property that may have been deemed a "nuisance property" if you plan on buying it for rental investment? As to whether the police or code enforcement has documentation of this; this would be something you need to discuss with them.

2. Police can't pressure the current owner to evict anyone. Evictions are civil, not criminal actions and, generally, most police won't touch issues regarding evictions UNLESS the court has granted an actual eviction and local law enforcement must oversee the actual process to make certain it goes smoothly.

3. Do these tenants have a history of paying their rent on time and, other than smoking synthetic marijuana and perhaps having noisy kids, are they good tenants? If so, and you purchase this property, you may find them useful to keep as tenants.

Gail

 

[FarmerJ]

city / town ordinances are public so Id say to go look at them very closely what you want to know is if there is a ordinance on the books that says after x number police calls, x number of incidents or if a tenant is caught doing something illegal if the city has ords that spell out fines, or say after x number of things rental licenses being revoked to punish LLs or at the very worse is when a community has a forfeiture law and a city / county atty goes after a landlord to take the property away ( yes such things really happen in some cities) If there is no teeth in how a property is treated by city officials (inspections police etc) then there is no real incentive for the LL to take action. BUT know this If you go ahead and buy the lease this now tenant of someone else may not be too happy with having a new landlord who lives on site . You never did say how long this tenants lease is but you can choose to refuse to renew the lease with them by giving them proper written notice in advance of the anniversary to renew it. AND then if they dont leave you will have to use the courts to make them get out. ( you might get lucky and they may decide to scramoooo on you once they are given proper notice that the building has been sold and to whom, When I bought a 4 unit there was one tenant , a RN who wasted no time soon as she got wind that I was going to live there on site accross the hall from her she didnt even wait for the sale to happen she up and moved no notice)

 

[i_am_a_camera]

Couple of things you need to ask yourself...

1. Do you really want to buy a property that may have been deemed a "nuisance property" if you plan on buying it for rental investment? As to whether the police or code enforcement has documentation of this; this would be something you need to discuss with them.

2. Police can't pressure the current owner to evict anyone. Evictions are civil, not criminal actions and, generally, most police won't touch issues regarding evictions UNLESS the court has granted an actual eviction and local law enforcement must oversee the actual process to make certain it goes smoothly.

3. Do these tenants have a history of paying their rent on time and, other than smoking synthetic marijuana and perhaps having noisy kids, are they good tenants? If so, and you purchase this property, you may find them useful to keep as tenants.

Gail

-To me it is worth purchasing. It's a nice building with decent units, plus it's in a good neighborhood. The current building manager and owner didn't do much along the lines quality control in regards to the kinds of tenants they were renting to, but I plan on changing that. Granted, I know I may have to deal with a troublesome tenant at some point in the future, but the threat of that isn't worth giving up a opportunity on this property. As for the possible documentation, I will talk to them immediately. Hopefully they do and I could get a copy to keep.

-According to the police, they can cite the building manager if he doesn't either remedy the situation immediately (either by eviction or threat of eviction) or if problems continue with them and/or the other tenants.

-For the most part they pay their rent consistently. There have been times where they have been late, but they were current within a few weeks of the due date. While I don't think it would bother me that much, I do plan on having much stricter rules than the current management, like zero tolerance for drug usage on the property for example, and rent will be more strictly monitored as well. As for other issues, there have been some. They would fight very loudly at all different times of the day, and even into the early morning at times. As for their children, their being noisy isn't the worst they've done; they were arrested for trespassing and breaking and entering a few months back. Looking at everything as a collective whole, I find it hard to justify keeping them as tenants.

Now I am a fair person. While I'm no choir boy by any stretch, I have paid for my past transgressions. If someone does something wrong, and they complete their punishment and they don't do whatever it was that got them into trouble again, I'll give them a fair shake. But with them, they keep doing the same things over and over again. Like with smoking pot recently, I have my suspicions because I've seen them come out of their apartment high as a kite after going in sober. Now they could have smoked it outside, I'll give them the benefit of the doubt. But there are times when I've passed their door and smelled HEAVY doses of air freshener and something else (it could be the pot mixing w/ the air freshener and creating a new, weird smell). Regardless I'm done with it. I will not tolerate constant disrespect, not against me, my other tenants, or my building.

 

[Gail in Georgia]

"-According to the police, they can cite the building manager if he doesn't either remedy the situation immediately (either by eviction or threat of eviction) or if problems continue with them and/or the other tenants. "

Well, obviously they haven't since it appears management/landlord has does nothing regarding this issue.

"Regardless I'm done with it. I will not tolerate constant disrespect, not against me, my other tenants, or my building. "

It's not your building (yet) and these are not your tenants (yet). When it is you may find it's more difficult to evict someone for the reasons you state that you believe may be happening but have little proof. Late rent, yes. Heavy doses of air freshner coming out of their unit, no. Be careful that they do not turn around and claim retaliatory eviction in the court hearing.

When is their lease up? If you purchase this building and the lease ends soon, you (as the new landlord) can inform them with adequate notice required by your state that you will not renew their lease. Or, if they are late with the rent, you can begin the process because of this reason.

Just a suggestion to make it easier for you...

Gail