Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Legal & Legislation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 10 months ago, 02/07/2024

User Stats

1,939
Posts
418
Votes
Daria B.
  • Rental Property Investor
  • Gainesville, FL
418
Votes |
1,939
Posts

Need eviction or other attorney recommendation

Daria B.
  • Rental Property Investor
  • Gainesville, FL
Posted

Hi

Short back story:

Search warrant served and tenant refused to open door resulting in police using force (they did knock first) that caused considerable damage to property.

Termination (90-day) notice served to tenant who has now solicited an attorney to remain in the property. A letter was sent to the PM who shared it with me. Of course tenant attorney says there is no cause, tenant pays and there is no merit to the termination.

Termination letter served (sent by PM 90 days prior that puts end date at 2/29/2024) is based on a lease paragraph stating tenant did not abide by lease regarding “agrees no drugs or other illegal substances will be used, manufactured, sold, or distributed, on, or from the property.” This was broken by the tenants minor son who was arrested at the property when police raided the unit due to drugs found at the property. A search and seizure warrant was signed off and issued for tenants son who resided at my property from evidence I assume acquired by law enforcement.

Need eviction attorney recommendation:

This started out as a termination for the lease clause mentioned above. With the tenant now looking for a way to remain (hence tenants attorney letter on their behalf), the end date would be 2/29. If the tenant remains after that date, does this now turn into an eviction - and if so, what cause, the original reason of drugs or the fact tenant did not vacate or both? The PM generally handles evictions but it didn’t start out as an eviction. If the PM attorney will not follow though then I need to find an eviction or other attorney to work in my interest.

I feel I need to say more but do not want to inundate the post. Trying to keep it simple.

Cheers….

Loading replies...