Tenant dealing drugs

[Sean Prestia]

I’ve owned a duplex in upstate NY for about 5 years. I’ve had several great tenants over the years but most recently I’ve had complaints from the neighbors and second floor tenants (before they moved out last month) about drug use and possible dealing out of the first floor of the house. I’m in the process of renovating the second floor and getting ready to put the house up for sale in July. What are my options in regards to the first floor tenant? I obviously don’t condone drug use in the house and don’t want him scaring away prospective buyers. One of the neighbor is friends with a local cop who said the house is being watched for drug activity. Is there anyway I can get this tenant out of the house before buyer start coming in to look at it?

[Marcia Maynard]

Key factors:  

a) the terms of your rental agreement (lease);

b) the landlord-tenant law for your jurisdiction;

c) other laws and ordinances for your jurisdiction.

Do you have a month-to-month rental agreement or a long-term lease? Is the tenant in violation of one or more clauses of your rental agreement? Does your jurisdiction allow a "no-cause" eviction or only a "for cause" eviction? Is the tenant approachable? When was the last time you did a unit inspection?

First, you need to thoroughly document everything, starting with when and how you became aware of a problem.

Second, you need to verify the situation. Start with what you can observe from the outside, before the tenant knows you're watching. Since you believe local law enforcement is watching the house, you should contact them and discuss the matter with them. They may know whether the occupants of your rental, or their invitees, are dangerous. That's always a possibility, so use caution and protect yourself. Don't be surprised if local law enforcement is tight lipped about what they know and what they are doing. But let them know your concern and your observations and what you plan to do. If it gets really bad, it may end up in a police raid. If that happens, it could result in damage to your property, such as a broken down door.

Third, get inside the unit. It's time for an inspection. Serve a legal notice to enter for a "maintenance inspection."  While you're in the unit be very observant of what you see and smell. Also keep an eye out for evidence of any lease violation.... unauthorized occupants, unauthorized animals, tampered smoke alarms, damages, etc.

In addition to checking all of the smoke alarm devices, plumbing fixtures, electrical fixtures, appliances, and operation of doors and windows, ask the tenant if there's anything that's not working or needs attention. Change the furnace filter and open the floor registers to clean out the ducts with a vacuum - routine maintenance. Evidence of smoking in the unit may be seen in the furnace filter (bag it and save it). Other evidence may be found in the floor ducts just below the registers (cigarette and reefer butts, hypodermic needles, other), so look before you vacuum and be careful what you touch.

Face this head on. Take into account your management style and how easy it is to approach the tenant. Begin by enforcing the terms of your rental agreement. Make it clear that you will be more present at the property to make sure that the terms of the rental agreement are followed and for property upkeep. Since you are renovating the other unit, you will also be on the premises more often than you normally would. Drug dealers and buyers will avoid a place where they know others are present and watching. This alone may be enough to deter any further activity at your place.

You may be able to negotiate a move-out plan with the tenant to get them to voluntarily leave, and thus avoid a lengthy and costly process of eviction. Let the tenant know you're planning to put the property up for sale in July and would prefer to sell it empty. Give them incentive to move on their own accord (less drama, less damage). Even "cash for keys" is a possibility. Everything's negotiable, even mutually agreeing to terminate a lease early.

Good luck!