Topic: How Stupid Is This?

When we first took over this little property in a notoriously crime-ridden area, a police officer contacted us to tell us about "the grandson."

He lives with his grandmother, 30 years old and sells drugs to the neighborhood out of his grandmother's apartment. We checked on it, inspected the apartment and kept watch.

We found he was an unauthorized occupant, so we gave grandma notice he had to be added to the lease. So, he filled out an application and we were excited to get a background check on him. We thought this would be the way to get rid of him.

All charges we could evict for had been dismissed. He didn't have anything. So we continued to watch. He was also using another kid from the same breezeway as his runner.

We found out 2 days ago he was arrested a month ago for possession of marijuana at some apartments on the street behind us. The same day we found out, maintenance witnessed him smoking pot in the breezeway. Duh!!

This guy is unbelievable! We are filing an eviction for lease violation (drug-free housing addendum). We are also giving his runner's dad a 30-day notice of non-renewal of the lease.

I'm gathering as much as I can for court because we have a tenant-friendly magistrate. When the grandma shows up and claims she didn't know anything about it, we are keeping our fingers crossed she'll rule in our favor.

Any advice would be greatly appreciated!

The more information you can gather the better. See if the officer will give you a statement and get statements from anyone you can who can attest to the drug use or distribution.

If you have any cameras on the property that may have caught some of the activity you can snapshot it or download that section of the video and submit for evidence.

Did I misunderstand? You are evicting him on drug violations? However, I am not really thinking it has been proven that he has a drug violation on or off the property. Maintenance witnessing him smoking but no police documentation as to it being an illegal substance, no police investigation revealing possession on the premises, and no conviction, just an arrest that was not even on your property?

You told the grandmother he is an unauthorized occupant. However, he applied and qualified? But you did not add him to the lease, or you did add him?

In any event, I would make sure your Maintenance Tech who witnessed him smoking attends the eviction hearing so he can testify as to what he witnessed.

This is a learning experience for us. We attended an Eviction Training Seminar at the police station last week and found out a few things from local magistrates, lawyers, officers and a few others.
1. We are evicting the household due to a lease violation (not crime) because it is easier to prove.
2. We have the Drug and Crime-Free Addendum that is clear on occupants with arrests.
3. We have the arresting officer and our maintenance tech testifying.

We know it's going to be a challenge, but it's going to be worth it. We banned the guy form the common areas, except to ingress and egress. Now, his customers are coming to the apartment.

He was arrested "on or near the property" and I'm hoping for another arrest before we go to court.

I'll let you know how it turns out.

Sticky situation, best wishes and hope the ducks stay lined-up!