Tenant Issues - Possible drug use and sales

[Sayra Chorey]

MH and I just bought a 3 family at the end of October and kept all the tenets.

1: Woman, boyfriend, her son & grandson - mother to 3rd floor tenet.
2. Couple with 4 children.
3. Woman, boyfriend, their son & boyfriends brother - daughter to 1st floor tenet.

Tenets on floor 1 & 3 - have paid both their rents for November and December without issue.

Tenet on floor 2 has not paid either months rent. Each time I ask them about it they tell me is coming (still waiting....) and then go on to complain about the tenets on the 3rd floor. Their complaints are they have pit bulls (against the lease), they constantly smell pot and they believe they are selling hardcore drugs out of the apartment. I have seen the dogs and asked them to get rid of them, which they claimed they did as of 12/6. As for the drugs, I called the police and asked them to monitor the property, but I didn't say anything to the tenet because I didn't want it to come across that Floor #2 was tattling on them (as I doubt they would think it was the 1st floor).

I don't doubt their accusation of drug use are real, but I have no proof and I only hear about it when I ask about past due rent. I don't live close by so I can't exactly just swing by to spot check.

Floor #2 said they may move because of this and I told them that would be fine, but I need to address this, as I don't want people selling drugs at my house and it will come up with the next renters.

So, where do I go from here? How would you or have you handled something like this?

[Marcia Maynard]

I agree with the other suggestions. Serve legal notices as appropriate, according to the landlord-tenant law for your jurisdiction. 

The starting place is the current rental agreement. Review the current rental agreement with each tenant. Let them know you approach property management different than the previous owner and will be following the terms of the rental agreement, including serving legal notices when necessary. You need to re-establish with the tenants new rules of behavior. If you are on a month-to-month rental agreement this will be easier to do than if you are on a long-term lease, because the time-line to make changes can be shorter.

Also, you need to know more about who is residing there so you will be better able to tailor your communications and also to protect yourself and your property. Keep a tenant information sheet for each unit that includes the names of the occupants, vehicle descriptions and pet/animal descriptions.  Ask for photo identification of each person occupying your property. Keep a copy of the photo ID in their tenant file. Check their names in public records (court, etc.) and social media to find out more about them. Review any tenant files from the previous owners, including rental applications and background checks.

Schedule a maintenance inspection for each unit. While you are examining heating, plumbing, electrical, smoke/CO detectors, weatherization, locks/doors/windows/screens, appliance function, etc, keep an eye out for lease violations and how well they take care of the unit. Also, note who is occupying the unit and any animals that may be present. You will need this information to address issues head-on. Develop a plan. Decide what you will allow and what you will not allow and how you will enforce it. 

Especially in the beginning, you need to schedule more time at the property to get to know the property, to get to know the tenants, and to make it easy for tenants to get to know you. Always treat people with respect, even if they don't treat you with respect. Be firm and fair and cordial. Be flexible too on occasion, if warranted, for the greater good. Know landlord-tenant law better than your tenants and abide by it.