How To Get Rid of Tenant After The House Tested Positive for Meth

Question

I am working with the owner of a property that has two houses on it. The tenants in the first house had to be evicted due to non-payment and it was a long, ugly process. There were arrests for meth possession at that house and so it had to be tested  after the eviction and showed as positive. Once a single house on a property has tested positive, all other structures have to be tested. The second house had methamphetamine levels even higher than the first house.

That tenant is still in the property and hasn't paid rent since the house was tested and so is also behind on rent. I wonder if a second eviction process can be avoided as the house is contaminated. The owner is still reeling from the first house hasn't provided notice of contamination to the second house yet and knows there is another large fight ahead.

Is a formal eviction process required? All any of the remediation companies have said is to 'consult with an attorney" and I would like to know more before more legal bills are undertaken. Maybe there is an abbreviated way to remove the tenant in this situation? The tenant is the mother of some rough, biker gang relatives that visit frequently and just seemed like a "nice little old lady" at first take.  Its sure to be an adventure with criminal damage as it works its way to conclusion, especially as it will be removing some rough people's close relative and they are sure to take it quite personally.

Account Closed · Answer

LOL!  True!  Maybe you could work out a really great deal - hey, here's some money and I wouldn't mind too much if you accidentally blew the place up on your way out...

Account Closed · Answer

Cash for keys.

Tzvi Balsam · Answer

Made me Laugh I like that.

Josh Caldwell · Answer

In PA that house would be condemned also.  You shouldnt have to do a darn thing, let the health dept look at it and they will launch him. down side you may need to tear down the house.  Getting rid of meth is not an easy or inexpensive task

Account Closed · Answer

Yeah, I was thinking that threatening the mama of a bunch of bikers probably wouldn't go well.  But, they're business people, after all.  The negotiation is just about how they can move now or later.  One with an eviction on their report, one with cash in hand instead.  I bet they like cash :-)

They could be stupid and get greedy and stubborn.  But, it's worth a try.  Maybe that way they don't blow the place up in the meantime.

Paul Vail · Answer

Burt, can you pull a Paul Harvey, 'and now... for the rest of the story'?

Matt M. · Answer

Maybe it'd be best if they did blow it up...;)

Matt M. · Answer

This - Once they see a notice on the door, offer them cash to GTFO. I just did this last week; I had a court ordered eviction planned for the 20th of this month. I gave the tenant $1k to leave. I even rented a uhaul and helped her move.

Or maybe mention the cops and meth. If they are up to something, maybe they leave in the middle of the night.

Burt L. · Answer

I much appreciate the input given. Waiting to hear back from the Dept of Environmental health on the situation and not sure if I should just ask anonymously at first. I spoke with the owner of another remediation company who had given a bid on the remediation (just by walking around and measuring sq. footage). He said that the Dept of Enviro Health will post "Do not occupy" signs on the property once they show up.

On the suggestions above, I have given cash for keys many times and do let them sit with the situation for a day after the property is posted before approaching them. If the Dept of Health posts it and only gives them an hour, I am concerned about retribution taken out on the property at night, etc afterwards, as the tenants/bikers will assume the landlord had knowledge of what was coming and didn't give any more notice of what was soon approaching for their mother - the one hour timeframe to get out. Although small, its a surprisingly valuable house.

If instead, the usual 3-day notice is given for a "substantial lease violation" and then I approach with a cash for keys scenario, I suspect it will be easier on everyone than the one-hour eviction scenario. I have seen inside the house, and there is an immense amount of junk. If the tenants remove it, it probably will cost less to have it remediated as the contaminated belongings will be removed, with the incentive of the cash for keys scenario. Of course, the health department could show up at any time before or during the 3 day period. The Industrial Hygenist that tested the house and determined the meth levels was supposed to report the results to the Dept of Health by now, but government moves at its own pace.

I should ask the property owner if he wants to serve the 3 day notice with cash for keys (probably paid by me) or wait on the Health Dept to post it for the 1 hour notice - if in fact they really do post the meth properties, that I am waiting to hear on.

Really good suggestions provided above - thanks.

Burt L. · Answer

I contacted both an attorney today, and made a call to the police department on it. The attorney said an eviction can be done as there was a "substantial violation" of the lease and the usual 3 day notice, and then filing an eviction action can be undertaken. She also said she would take a look at the state statute on Methamphetamine - I haven't been able to find it online myself. The attorney said I may want to consider whether or not to bring in a governmental agency, in the form of the Dept of Environmental Health or not as it may become more complicated. The remediation companies deal with the Dept of Environmental Health, giving them notice of contamination, and being being cleared of contamination. Also asked an employee of one of the remediation companies who said that the Dept of Enviro health condemning the house doesn't make his job more difficult. and that the police would remove the tenant quickly. I get different info wherever I go.

I called the non-emergency line at the police department and they did say the usual eviction process was required. I can roll the dice and see what happens with the Dept of Environmental Health, but plan to call and ask what would happen anonymously, first. Conversely, I read a news clip of a meth contamination at a house in Boulder County, CO, where the tenant was given only one hour to vacate after notice by the Health Dept, but Boulder County government can be unique in many ways. That tenant had moved into a house the prior tenant had contaminated and still got one hour to vacate.

Another idea is to serve the 3 day notice, and have the attorney send a letter at the same time stating that the tenant will be sued for property damage if they don't vacate in short order. It would still be easy to find them for service, obviously.

I am working with the seller as a wholesaler - he just wants this all in the rearview mirror as soon as possible and there is equity to work with. Also a 30K difference in some of the remediation bids so far - definitely an inefficient market. Again, everywhere I go, I get a different answer so far.

How To Get Rid of Tenant After The House Tested Positive for Meth

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