Tenant in Jail: neighbors seeing tenant using drugs in garage

[Spencer Herrick]

I have a tenant that was in property when I aquired it. He has been nothing but a headache for my neighbors and the police, despite him always paying rent on time. At the moment, he is apparently in jail for theft in another county. My neighbors say he is an avid drug user. The neighbor of this property is very nice and has been keeping me posted on the activity there. She stated that he has been using drugs in the house and apparently, one of the neighbors saw him shooting up in his arm while the garage door was open. I need to go down to the property and go in as apparently he left some windows open that need closed. This is my first rodeo with this type of thing. I need to get him out of there. Do I have grounds to do so? I have several police reports also. I also don't know what I should do if I find drugs or drug paraphanalia while there. Call the police I would assume? Looking forward to ending this all and getting him out of there! Thanks in advance!

[Jim K.]

Quote from @Michael Smythe:

Where's @Jim K., he'll know what to do:)

@Spencer Herrick

You say you have police reports. Are they police reports that will verify drug activity? That will make this an open-and-shut case. If the police reports will not verify drug activity, you will have a longer path to eviction.

Let's say the reports verify your allegation of drug activity. You can immediately post a 10-day Notice to Quit. As soon as those ten days are up, you can file a Landlord-Tenant complaint at the local district court. They will schedule a hearing. Call the police agency that responded and get the police report numbers for the reports before the hearing, they will not release the reports to you, but they will to the district judge.

Show up at the hearing, explain the situation, give the police report numbers to the judge.

If they check out, you will usually get an order of judgment immediately. Keep checking the unified judicial portal on the day the judge says he'll issue his ruling.

The guy's in jail, and he likely won't appeal. 11 days after the order of judgment is issued, go and file for an order of possession. That will usually be ready the next business day. Get in touch with the constable listed in the order and go from there. Do whatever the constable tells you to do, he is the real hands-on expert at the actual eviction process.