Inherited tenant's guest is modifying wiring to grow weed.

Inherited tenant's guest is modifying wiring to grow weed.

Investor · Spokane, WA · Member since 2012 · 71 posts · 24 votes

Full story below: Skip to the bullet points for the tl;dr.

I purchased a few properties to be a rental properties from another landlord, who is something of a slum lord and was willing to offload some houses that need work for a great price with seller financing.

There was a miscommunication between him and his property manager, and the manager put a new tenant in one of the properties about a month before closing (shortly after we signed the paperwork). The tenant is month to month. I am in Washington state, and not in one of the big urban centers like Seattle that have unique tenant laws.

He was apologetic about it but the rent was high enough to cover the payments so it didn't kill the deal- I just figured I'd give them notice down the road when it was convenient for me to make improvements to raise the value of the property (and if they were great tenants, maybe leave them in for a while).

Well, we closed early last month and the seller gave me the pro-rated rent. I decided to make a few minor safety repairs off the bat (including carbon monoxide detectors and smoke alarms- I'm not kidding when I say he was a slum lord!). The tenants are two sisters who cosigned. The the first tenant, who I will call "A", was professional, composed, and gave me a good impression. Her sister, who I will call "B", was tattoo'd up and looked a bit less professional and didn't talk a lot, but left me with a neutral impression. They had children in the house of varying ages (one late teen, one likely around 10-12, etc). I'm not sure whose kids are whose. One of the times I stopped by there was a an adult male in a bed in the living room sleeping.

When my contractor went to do some fixes, he mentioned to me that he found their living arrangements strange; he had to put up a smoke detector while the older teen had a man in the bed, for example.

Over this weekend (approaching the first month I would be collecting their rent myself), Tenant "A" texts me, and then we have a phone conversation. She relays the following information:

  •  "A" makes just enough income to cover the house herself. "B" does not. "A" is also going to college currently to go in to a better career.
  •  Her sister, "B", decided to allow a man/boyfriend that she had only met three weeks ago to live with them. He pays no rent.
  •  "B" has brought drugs and guns in to the home.
  •  They have had multiple disputes about what room "A" is to sleep in because of this.
  •  The other night, she twice lost her homework due to power flickers because B's boyfriend was messing with the electric panel so he could install hardware to grow weed in the closet.

As a result, "A" is giving an ultimatum- either boyfriend leaves, or she does. She asked if I could take her off the lease if she moved, and I, of course, told her that I could not. She also wanted to know if I, as landlord, can tell her sister that her boyfriend has to go.

I obviously don't want this guy in the house. However, I'm a little worried; my mother, a few years ago, gave a similar ultimatum to a renter who was growing weed, and he trashed the house in response. (Luckily, this one needs renovations.)

I also don't know my rights as landlord. Do I have the right to tell tenants who they can/cannot have as guests? Can I threaten eviction (ending of the month-to-month lease) if he does not leave?

tl;dr: bought a house with a newly-placed month to month renter in it. One of the renters tells me the other renter is letting a drug dealer live in the home who is modifying the wiring and wants me to kick the drug dealer out. Can I make this specific demand under threat of eviction/termination of month-to-month lease?

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Flipper/Rehabber · Greensboro, NC · Member since 2010 · 623 posts · 615 votes
9y

@Chris H. Check your rental agreement to make sure that it states that all occupants over the age of 18 must fill out a complete application and be approved to live in the property.

I had a similar issue once with drugs in the house. I wanted the tenants out before things got really crazy because, believe me, this situation is not going to get better. I sent them a letter saying that the police department had informed me that my property was under surveillance for suspicious activities.

They were out within the week.

:)

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  • Investor · Englewood, CO · Member since 2015 · 158 posts · 140 votes
    9y

    All tenants need to be on the lease.

    Modifying the dwelling without consent may be grounds for eviction.

    You are not there to referee their relationship. If they can't comply with the lease they need to leave or be evicted.

    Colorado is a marijuana friendly state but my leases specify no cultivation. Pot plants need a lot of light and water. I don't like fires or floods.

    The rules are in the lease. Your rights can be explained by a lawyer. Always see a lawyer as a new landlord. The couple hundred bucks are well worth the education.

  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Chris H. First of all you need to download your landlord tenant laws for Washington. It seems to me that they have a "unauthorized occupant" in the property. Depending on your states laws, you would give them a notice to rectify/remedy the unauthorized occupant (move him out). If they fail to do so, then you might be able to move forward with eviction. You do not want to have these types of people and arguments in your property, it only leads to more and more problems.

  • Flipper/Rehabber · Greensboro, NC · Member since 2010 · 623 posts · 615 votes
    9y

    @Chris H. Check your rental agreement to make sure that it states that all occupants over the age of 18 must fill out a complete application and be approved to live in the property.

    I had a similar issue once with drugs in the house. I wanted the tenants out before things got really crazy because, believe me, this situation is not going to get better. I sent them a letter saying that the police department had informed me that my property was under surveillance for suspicious activities.

    They were out within the week.

    :)

  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
    9y

    Two things. Get a copy of the lease and the tenant laws of your state. 

    Is the electric panel in the basement... going check it out.

    Essentially, gather all the evidence and if it support it, move forward with eviction.

  • Investor · Spokane, WA · Member since 2012 · 71 posts · 24 votes
    9y
    Originally posted by @Karen Rittenhouse:

    @Chris H. Check your rental agreement to make sure that it states that all occupants over the age of 18 must fill out a complete application and be approved to live in the property.

    I had a similar issue once with drugs in the house. I wanted the tenants out before things got really crazy because, believe me, this situation is not going to get better. I sent them a letter saying that the police department had informed me that my property was under surveillance for suspicious activities.

    They were out within the week.

    :)

     This is tempting, but are there legal repercussions if it is not true?

  • Flipper/Rehabber · Greensboro, NC · Member since 2010 · 623 posts · 615 votes
    9y

    @Chris H. It may be true, especially if this guy is the person you describe! No telling what checkered past he's brought with him into your house.

    And do you think they're going to check? I suggest you protect your property!

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Check your state codes, learn them now before you get into this business any deeper.

    First find out if your state allows you to non renew a M2M lease, if so then simply non renew and the problem is gone unless they force you to evict which will be unlikely.

    If you can not issue a non renew begin the eviction process immediately. Tampering with wiring is illegal since they are not th property owner...grounds for evicting.

  • Investor · Spokane, WA · Member since 2012 · 71 posts · 24 votes
    9y
    Originally posted by @Thomas S.:

    Check your state codes, learn them now before you get into this business any deeper.

    First find out if your state allows you to non renew a M2M lease, if so then simply non renew and the problem is gone unless they force you to evict which will be unlikely.

    If you can not issue a non renew begin the eviction process immediately. Tampering with wiring is illegal since they are not th property owner...grounds for evicting.

    My state laws allow me to give 20-day notice on M2M, sooner if they don't pay the rent or if there are significant violations of the rental agreement.  I'll have to comb through it as it wasn't my verbage.

    Worst part- I'm going to be out of town for two weeks (and the 20-day notice will land in the last few days of my trip) and I haven't converted this over to my property manager yet.

    I'm thinking I should put in the 20-day notice to start, then call the police for opinions and schedule a walkthrough - I had told them I was planning to do some safety checks on the electrical system late last week anyway (this was an accident- I texted the wrong tenant) so that works perfect.

  • Rental Property Investor · Denver · Member since 2017 · 121 posts · 121 votes
    9y
    If you believe they won't vacate (sounds likely) you might want to just start the eviction process and issue a 20-day notice to terminate and see where it leads. I'd recommend contacting a local attorney that has eviction experience to guide you through the process. Will be well worth the money to get rid of this headache. Honestly the argument of "they might trash the place" applies regardless of whether you kick them out now or months from now. The sooner the better it sounds like to me. Will be a huge value add to the property once you are able to get solid tenants in there. Good luck with it all!
  • Real Estate Agent · Bellingham, WA · Member since 2017 · 427 posts · 182 votes
    9y

    I'm pretty sure in WA it is illegal to grow weed unless you are licensed and a certain distance away from certain institutions, such as a school. As the owner, you could be considered complicit if they violate that.  

    The most said advice is the most sound: get a lawyer.

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    9y

    The most serious allegation is that the boyfriend is messing with the electrical panel to the point where power is flickering and/or actually shutting off.  That's not a scenario where you'd want to issue a 20-day notice or wait to do a non-renewal.  That's an urgent situation that needs immediate attention.  I would go over there immediately and inspect your property to confirm if the electrical has in fact been tampered with.  Check your state laws but almost every state has some allowances for a landlord to inspect with 24 hours notice, or even no notice, in the event of an emergency.

    The rest of the stuff can be dealt with after you determine the extent of the problem you're dealing with.

  • Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
    9y

    @Chris H.,

    You do realize, you have a known drug dealer in your house, that is messing with the electrical, and you're wondering if you are allowed to kick him out?!   How are you not livid and freaking out?!   No offense, but do you realize how crazy that sounds?!     Electricity is serious, and electricians will cost $$$ to fix it.. not to sounds bad, but I'd put him in the same category as an aggressive pit bull that's already bit a kid-- you have nothing to gain by having him in there.   

    He may be growing pot, but ya know what-- he may also start producing meth, and then you have to list your house on the list, and it's worth nothing-- not to mention the thousands in clean up!  If you have someone in your house, that has 0 liability, he doesn't care what happens at all!  I don't know your rental, but  if he gets into a argument, and something violent happens at your property, it will be challenging to rent it out when it turns into a bad area..    He isn't on the lease, the only thing he can do is sue you if he gets hurt in your house... gosh everything in this situation screams get them out!  

    If I were in your shoes, I'd give them a 30-day notice of non-renewal,  and apologize, but say you'll be moving in and you'd be happy to be a landlord reference to help them in the future.    If you want to be nice, maybe offer a move out incentive or something like that?   

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9y
    A couple of ways to go at this but first notice them of inspection as allowed by your local landlord -tenant regs OR ask for entry sooner from A to remedy her electrical complaint. Issue violations based on your observations. If you have visitor language use that to get B 's guest out. You could just terminate the lease with notice but A could also workout. My experience is a bed in the living room isnt a good sign.
  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    @Chris H.

    "apologize, but say you'll be moving in and you'd be happy to be a landlord reference to help them in the future. If you want to be nice, maybe offer a move out incentive or something like that?"

    I hope that was intended as a joke based on the first two paragraphs of your post.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    If lights are flickering , sounds like what ever he did created a floating neutral , this is a very dangerous situation if so . If they were trying to set up lights they may have been tampering with the meter to bypass it .  Thats bad also .     I would contact the cops .

  • Investor · Spokane, WA · Member since 2012 · 71 posts · 24 votes
    9y
    Originally posted by @Kyle J.:

    The most serious allegation is that the boyfriend is messing with the electrical panel to the point where power is flickering and/or actually shutting off.  That's not a scenario where you'd want to issue a 20-day notice or wait to do a non-renewal.  That's an urgent situation that needs immediate attention.  I would go over there immediately and inspect your property to confirm if the electrical has in fact been tampered with.  Check your state laws but almost every state has some allowances for a landlord to inspect with 24 hours notice, or even no notice, in the event of an emergency.

    The rest of the stuff can be dealt with after you determine the extent of the problem you're dealing with.

    Agreed here, but here's the question- if the electricity has been tampered with, what can I do about it?  I'm giving a 20-day notice regardless; if I find evidence of electrical tampering, can I evict sooner?

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