Selling drugs??

Question

Hello all, I need some advice on a situation I am in right now.  The particular property I have an issue with is a stacked duplex.  The bottom tenant is a single mom (of a 19 years old), she works al the time and sometimes sleeps at her boyfriends house leaving free reign to her son to do whatever he want.  The upstairs tenants have been complaining (even though I told both while signing their leases do not call to complain to me) that son is smoking marijuana in house, supposedly selling drugs outside of house (questionable), and playing loud music.  Now, I am still receiving rent for everyone on time, but the upstairs tenants tell me theyre going to move out unless something is done.  I told them to call police twice, but the cops did nothing.  I am not interested in getting involved in any tenant BS, but when it may cost me money in rent from someone moving, that makes me concerned.  I can only do so much.  I have dealt with tenants in my duplexes squabbling before, but just wanted to see if anyone had any advice.  Thanks.

Marcia Maynard · Answer

How often do you do property inspections?  Do you have clearly defined property rules?  Are the tenants following them?  How well do you screen your tenants?

I would be thankful the neighbors are informing me of activity they are witnessing.  They are obviously experiencing an intolerable situation if they are letting you know they intend to move if you don't address it.

You have a duty as a landlord to address this issue in a timely manner.  All tenants are entitled to the peaceful and quiet enjoyment of their home.  On the noise issue alone, it seems they could have a valid complaint.

You also need to look out for your business and you need to reduce your liability should the worse develop.  Drug activity on your property is serious and could ruin you.  Be prepared to evict if necessary.

Bottom line.  What are you waiting for?  I would be visiting my properties at various times in the day and night to observe for myself.  I would schedule a maintenance inspection of the property and keep an eye out for anything out of order.

Whether the drug activity is real or perceived, you still need to address it in some manner.  What are other neighbors seeing and hearing?  Talk to them.  Give them your contact info.  Take any classes your local law enforcement may offer regarding landlording and keeping communities safe.  You may find yourself in a position where you should be calling law enforcement.

I would also ask all tenants (and other neighbors) to call me if there is a serious problem occurring at the property.  If I got that kind of call, I would be at the property in a heartbeat (of course I live 5 minutes from all my properties, so I can do that) to address the issue.  Serve compliance notices as warranted.

Good luck.

James Wise · Answer

You have to evict if there is drug activity. The police came and found nothing so as far as i'm concerned you do not have drug activity until the police tell you that you do.

Steve Babiak · Answer

When you give the tenant with the druggie son a "notice to quit", don't say it was the upstairs tenant who snitched since that may lead to friction within your building that will make life more miserable for all involved.  Instead, explain that several neighbors have noticed the drug activity that involves this specific unit, and it must stop or they must move.

Joel Owens · Answer

"you may be held liable for knowing what's going on & taking no action."

This is the bigger elephant in the room.

If you know about drugs, violence, dogs not allowed per the lease or any other violation and do nothing about it and something happens the claimants lawyers could have a field day with you.

The lawyer would say the landlord knew about the situation and chose to turn a blind eye and look what happened! If the landlord had only been pro-active instead of re-active then this might not have happened etc.

You want a paper trail especially when a tenant puts something in writing of you taking action.

The bottom tenant even though she works all the time she is not there it sounds like to mold her son through the formal years. Instead she wants to escape and play house with her boyfriend away from her issues in life. So you are saying the son is 19 years old?? If so is he not on the lease and was qualified before move in??

At 19 he could trash the place and it sounds like you may just want to get them out now citing a known violation and not the drug one as it's unproven at this point just speculation until something concrete is found. If you enjoy the tenants upstairs and they keep it clean and nice and pay on time you might want to offer them a small rent credit for one to two months while you get the tenants out below. Then ask the tenants upstairs if they know of friends or family that might be a good fit down stairs?? You still have to qualify them but sometimes good tenants have like minded acquaintances to occupy your other unit.

No legal advice.

Account Closed · Answer

@Justinescajeda

Speak with the mother about her son and at the end of the conversation hand her a violation of contract. Hopefully you have this in your contract.

Then let the up stairs tenant know that you spoke with her and gave her a notice and let you know if she fails to comply and if they can get proof. Make them feel you are trying to work with them and move the others out.

It's better to lose one tenant then both, the bad tenant will either have the police involved at some point or they will keep you from renting the other apartment for very long. Sounds like to me you need to get involved and pull the trigger. (Get them out). The police will not search this apartment on a phone call about drugs, that's why they didn't find or do anything. Working in this field years ago, I will tell you that your apartment and those tenants are now on the watch list. So if he is dealing with drugs then you will lose both rents for a while, when police raid the place. Then that will give your rental a black eye for a long time.

Matthew Edmond · Answer

Before proceeding I would do your best to put yourself in the place of the upstairs tenant. How would you want the landlord to handle the situation such that were you satisfied and perfectly willing to sign another lease?

Also, how long have they (upstairs) been there? How long do they plan to stay? How likely are they to recommend the downstairs apartment when the downstairs tenants inevitably leave? @Marcia Maynard is 1000% spot-on. You have to handle the unpleasantness for the sake of the long-term viability of your business.

Robert Brubaker · Answer

A situation like this is not for the Tenants to figure out! You

are lucky the top floor cares enough to complain!

Consider the dynamics: The  Problem Son Comes with the

Mother!  As far as you are concerned this is ONE! If she won't

take responsibility for correction-fine: Eliminate the problem!

Start your paper trail of Notices  of Violation,  turn the " Heat-up"!!

anyway you can .Time only makes this type of scenario

cost you more! Your business interest alone should compel

your attention. This is not about " tenant Squabbles". This type

of condition calls out for you to ensure the " Quiet Enjoyment"

promised in most leases. There's a lot more to lose than the

upstairs tenant. Play it smart " keep your ear to the ground"

on this one" The Landlord/Tenant relationship involves more

than the " Bricks and Mortar " of the Unit. Others take heed!

Justin Escajeda · Answer

Thanks for the advice, I have many rules in my lease in which I am sure if I went over for an inspection, something would be breaching.  Both tenants (upstairs and downstairs) are relativity new, I had just recently got done renovating the entire house and everyone moved in right before Christmas.  I screened them, checked employment and previous landlords, etc.  I think I may do a rent credit, that seems like a good idea because the people upstairs are really good people and I'd like them to stay a long time.

Kathleen Leary · Answer

This state (and I'm sure many others) have a "party house" law which enables you to take action against tenants who routinely party-hearty (lots of people, loud noise, trash, liquor, drugs, etc.). It doesn't have to involve drugs. I know you want to stay out of it, but you may have to step in - you may be held liable for knowing what's going on & taking no action. Good luck!

Selling drugs??

Most Popular Reply