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Updated 10 months ago, 02/07/2024
Need eviction or other attorney recommendation
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….