What types of illegal activities commonly lead to an Eviction Notice?

The following are typical illegal activities that may prompt an Eviction Notice:

• Allowing controlled substances, such as drugs, to be present, used, sold, manufactured, or distributed on the property.
• Permitting or engaging in activities related to prostitution on the premises.
• Unlawfully possessing or using firearms on the property.
• Possessing stolen property or items acquired through robbery on the premises.
• Demonstrating violence, harassment, verbal abuse, or making threats.
• Engaging in fraudulent actions during the application process.

Can illegal activities occurring off the property warrant an Eviction Notice?

Illegal activities conducted off the property can lead to eviction, depending on state laws and whether the rental agreement includes clauses prohibiting such behaviors.

Is medical or legalized marijuana grounds for an Eviction Notice?

The legality of marijuana varies by state, with federal law still prohibiting it. While medical and recreational marijuana is legal in many states, landlords should seek legal advice to ensure compliance with discrimination laws and consider including clauses in rental agreements to address illegally possessed drugs.

Guide to Removing a Tenant Involved in Illegal Activities

Step 1 – Recognize Indicators of Illegal Behavior Allowing illegal activities to persist on rental property can lead to serious consequences for landlords, including fines, endangerment to other tenants, and legal action. While screening tools can help prevent leasing to unsuitable tenants, it’s impossible to entirely eliminate the risk. Therefore, landlords must be vigilant in identifying signs of criminal activity and promptly addressing them. Here are some common indicators:

• Unusually high utility/electricity usage, potentially indicating illicit activities like marijuana cultivation.
• Frequent visitors or guests coming and going at all hours, suggestive of drug dealing.
• Strange odors emanating from the property, often associated with drug manufacturing.
• Instances of fighting or yelling, which may signal domestic abuse or other disturbances.
• Complaints from neighbors, who are often the first to notice and report suspicious behavior.

Step 2 – Seek Legal Counsel If a landlord suspects a tenant of illegal activity, it’s crucial to consult with a lawyer specializing in landlord-tenant law. This ensures that the eviction process complies with state laws and safeguards the tenant’s rights.

Step 3 – Gather Evidence Document all relevant evidence of the tenant’s wrongdoing, including utility records, complaints from other tenants, correspondence with the suspected tenant, and any available photographs. Contacting law enforcement to inquire about any related arrests can further strengthen the landlord’s case.

Step 4 – Issue the Eviction Notice Download a standard eviction notice template and complete all necessary fields. Deliver the notice to the tenant, referencing relevant state laws regarding non-compliance or illegal activities. In states lacking specific eviction laws for illegal behavior, landlords should follow procedures for non-compliance and ensure proper documentation of notice delivery, typically through certified mail.