Eviction of Tenants Arrested for Drug Dealing

[JMos]

What is the name of your state? PA
HELP! Our tenants were arrested this morning for dealing drugs from our rental home!
I know that they've been taken to jail - but don't know if they will post bail soon!

What are my rights and responsibilities to get these people OUT of our rental home as soon as possible!!!????

 

[panther10758]

Is there a provision in your lease that covers this? If not long as they pay rent you may have no choice. many leases have clauses about illegal drugs or activities.

 

[JMos]

Don't Know!

Thanks for the quick response!!
I don't know what the lease says (it's not currently in my possession) but from what I've been able to dig up, landlords have different rights to evict tenants who deal in drugs.

I called the state attorney general's office and they referred me to the landlord tenant act, that specifically states

"Termination Notices

Although terminology varies somewhat from state to state, there are basically three types of termination notices for tenancies that landlords terminate due to tenant misbehavior:
• Pay Rent or Quit Notices are typically used when the tenant has not paid the rent. They give the tenant a few days (three to five in most states) to pay the rent or move out ("quit").
• Cure or Quit Notices are typically given after a tenant violates a term or condition of the lease or rental agreement, such as a no-pets clause or the promise to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face the possibility of an eviction lawsuit.
• Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
o repeatedly violated a significant lease or rental agreement clause
o been late with the rent on more than one occasion
o seriously damaged the premises, or
o engaged in serious illegal activity, such as drug dealing on the premises."

Don't exactly what to do and how to do it though, to get them OUT!!!

 

[panther10758]

Thats good info but before you act consult with an Attorney to be sure your within the law

 

[JMos]

Thank You!

Thanks, again, for the quick reply! I am trying to avoid incurring any legal fees, if at all possible - guess I'll just have to see if I can find some free legal advice for this issue!

 

[panther10758]

Many Attorneys will meet for a free consultation or may even answer question over the phone. Spending a few dollars to save a bunch may be wise

 

[Alaska landlord]

See the Landlord Tenant Act (pennsylvania)

Section 250.505-A Use of illegal drugs.


Also keep in mind that in several locals the City or county may take your property if you do nothing to curve the use of illegal drug use on your property.

Edited on 03-02-07

 

[acmb05]

What is the name of your state? PA
HELP! Our tenants were arrested this morning for dealing drugs from our rental home!
I know that they've been taken to jail - but don't know if they will post bail soon!

What are my rights and responsibilities to get these people OUT of our rental home as soon as possible!!!????

Go and post a 3 day notice to quit on the door of your rental, then
Go down to your local court house after the 3 days and file eviction on them and have them served. You can have them served in the jail.

 

[JMos]

WOW! Are You Sure?

HEY! THANKS for the GREAT responses!!
The only concern I have is that they have been arrested - not yet convicted. Does that make a difference??!!

 

[acmb05]

HEY! THANKS for the GREAT responses!!
The only concern I have is that they have been arrested - not yet convicted. Does that make a difference??!!

Nope, you can still evict them immediately. See if you can get a copy of the police report. This will help you in court.

Did they find drugs in the rental? It should say on the report.

Btw: You may not have to give 3 days notice, some states dont require it for this type of eviction. In my state it is 24 hours.

 

[JMos]

What if . . . .

What happens if I simply lock them out, and, when they come back, permit them to remove their personal possessions?

 

[panther10758]

You need to work within the legal system otherwise you could find yourself dealing with unfortunate issues

 

[xylene]

See the Landlord Tenant Act (pennsylvania)

Section 250.505-A Use of illegal drugs.

It also states that if you choose to do nothing, then you waive you rights to evict other tenants for the same act.

Also keep in mind that in several locals the City or county may take your property if you do nothing to curve the use of illegal drug use on your property.

Please cite this law with a link to an authoritative text of the statute.

 

[Alaska landlord]

Section 250.505-A.
Use of illegal drugs
(a)
The following acts relating to illegal drugs shall be a breach of condition of
the lease and shall be grounds for removal of the tenant from a single-family dwelling,
apartment, multiple dwelling premises or tenement building:
(1)
The first conviction for an illegal sale, manufacture or distribution of any drug
in violation of the act of April 14, 1972 (P.L. 233, No. 64), known as the “The Controlled
Substance, Drug, Device and Cosmetic Act,” on a single-family dwelling or any portion of
9
the multiple dwelling premises or tenement;
(2)
The second violation of any of the provisions of “The Controlled Substance,
Drug, Device and Cosmetic Act” on a single-family dwelling or any portion of the multiple
dwelling premises or tenement;
(3)
The seizure by law enforcement officials of any illegal drugs on the leased
premises in the single-family dwelling or multiple dwelling premises or tenement.
(b)
Failure to remove any tenant for violation of any of the provisions of
subsection (a) shall not act as a waiver of the landlord’s rights with regard to the same or any
other tenant relating to any subsequent acts.


http://72.14.253.104/search?q=cache...act&hl=en&ct=clnk&cd=1&gl=us&client=firefox-a

 

[panther10758]

The word "conviction" is used. have the tenants been convicted?