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oralee

Junior Member
What is the name of your state?What is the name of your state? California

My son rented an apartment with an old friend about 6 months ago. Both of them are on the lease. The lease includes a statement about the tenants agreeing not use or store any illegal materials in the apartment.

He has just learned that his roommate is using methamphetamine. I guess this is why I'm confused about which forum to use. I don't know if this is a criminal/drug matter or a landlord/tenant issue.

My son also detests one of his roommate's friends, who, he has learned, is the roommate's drug supplier.

My son is looking for a new living arrangement but meanwhile:

Can he be arrested if the police come to the apartment and find drugs, with or without the roommate being present?

Can he be arrested if the police come to the apartment and arrest the dealer?

Can he demand of the roommate that the dealer not be allowed in the apartment, and if so, how can he ensure compliance with that demand?

Can he demand that the roommate not bring any illegal substances into the apartment, and if so, short of having his roommate arrested, how can he ensure compliance with that demand?

Can the landlord evict my son if he finds out about the activities of the roommate?

Can the landlord insist that my son fulfill the financial obligations of the lease if he finds other arrangements before the lease is up and wants to be discreet about why he's leaving early?

We both believe the roommate will get over his "experiment" or seek rehabilitation at some point, so my son really doesn't want to rat him out but wouldn't care if the dealer got thrown under the penitentiary, and would rat him out himself if he knew there would be no repercussions. Evidently the dealer claims to have some shady connections who could cause my son a lot of grief.
 


calatty

Senior Member
The short answer is yes, he is at risk in a number of ways, and the only way to avoid that risk is move out now.
 

CdwJava

Senior Member
Your son risks jail and a felony conviction. He will have knowledge of meth. on the premises, shares the apartment, shares the lease, and will legally be "in possession" due to having knowledge and constructive control over the product if it is in the residence. And if the roomie deals, then he can also get popped for the dealing.

Even if he does not get convicted, an attorney will run him $5,000 - $10,000 and the arrest will dog him into the future.

As Calatty said: He should move out.

- Carl
 

oralee

Junior Member
Thanks calatty and another query

What about the lease issue?

Should I repost my original query in the landlord/tenant forum?

Thanks for your rapid response.
 

CdwJava

Senior Member
oralee said:
What about the lease issue?

Should I repost my original query in the landlord/tenant forum?

Thanks for your rapid response.
What about the lease issue? About him getting out of the lease?

Well, he has a couple of options: Speak to the roomie and the landlord and tell them that situations have changed and have the roomie assume full responsibility for the apartment, or suck up the loss and get out.

After all, what is his freedom worth?

- Carl
 

The Occultist

Senior Member
The only way I can see your son not getting arrested if the roommate gets arrested is if it's your son that makes the call to the police. He might not like the idea of ratting his roommate out, but some things are necessary. Do NOT assume that this meth user is going to try to fix his problem.
As for the lease, the landlord might only deny the refund of your deposits, or even tack on an extra fee for early termination of contract. You'd have to check the actual contract to figure this out. If you think that telling the landlord that use of drugs by the roommate are going to fix anything, think about this: if the landlord finds out that that's the reason, he's going to kick the roommate out, if not have him arrested as well, leaving the apartment open anyways.
 

oralee

Junior Member
Oh my! (Thanks Carl)

Still in California.

So, does this (Carl's response) mean that the only way to stay in the apartment and avoid being at risk of being prosecuted is to rat out both the roommate and the dealer?

Thank you Carl for your response and I'll have a triple latte and a bagel.
 

CdwJava

Senior Member
oralee said:
Still in California.

So, does this (Carl's response) mean that the only way to stay in the apartment and avoid being at risk of being prosecuted is to rat out both the roommate and the dealer?

Thank you Carl for your response and I'll have a triple latte and a bagel.
If your son fails to get out or get the roomie out, he WILL suffer the same fate as his roommate if the police hit it and it can be articulated that he knew and/or had access to the drugs.

As I said, your son could beat the case (depending on the specifics) but it would cost a lot of money and the arrest could be detrimental to any future he has.

There is no reason for him to remain, and every reason to either leave or to get the roomie out. As long as his name is on that lease and the doper roomie lives there, your son risks his freedom and his future.

And I already had my triple for the day - I'll order the latte up for you.

- Carl
 
S

seniorjudge

Guest
oralee said:
What is the name of your state?What is the name of your state? California

My son rented an apartment with an old friend about 6 months ago. Both of them are on the lease. The lease includes a statement about the tenants agreeing not use or store any illegal materials in the apartment.

He has just learned that his roommate is using methamphetamine. I guess this is why I'm confused about which forum to use. I don't know if this is a criminal/drug matter or a landlord/tenant issue.

My son also detests one of his roommate's friends, who, he has learned, is the roommate's drug supplier.

My son is looking for a new living arrangement but meanwhile:

Can he be arrested if the police come to the apartment and find drugs, with or without the roommate being present?

Can he be arrested if the police come to the apartment and arrest the dealer?

Can he demand of the roommate that the dealer not be allowed in the apartment, and if so, how can he ensure compliance with that demand?

Can he demand that the roommate not bring any illegal substances into the apartment, and if so, short of having his roommate arrested, how can he ensure compliance with that demand?

Can the landlord evict my son if he finds out about the activities of the roommate?

Can the landlord insist that my son fulfill the financial obligations of the lease if he finds other arrangements before the lease is up and wants to be discreet about why he's leaving early?

We both believe the roommate will get over his "experiment" or seek rehabilitation at some point, so my son really doesn't want to rat him out but wouldn't care if the dealer got thrown under the penitentiary, and would rat him out himself if he knew there would be no repercussions. Evidently the dealer claims to have some shady connections who could cause my son a lot of grief.

Get your son out of there NOW. Worry about landlord/tenant stuff later.

Your son is extreme danger.
 

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