I was in my roommate's room while he was at work and I opened his closet door and discovered a bong on the floor. So I looked in his drawers and in plain sight found a vile of pot. I was not in his room expecting/ searching for anything like this. How do I protect myself as a landlord when I evict him for this reason?

Hello R:

Protect yourself from WHO, and for WHAT? You, as the landlord, are allowed to evict a tenant on an EMERGENCY basis when you discover illegal activity. To make sure, however, I'd READ your particular states landlord tenant law. We have copies of the right here at the top of the real estate page.

excon

Quote:

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Originally Posted by RabVikingFan80

... So I looked in his drawers and in plain sight found a vile of pot. ...

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Vial? Whatever.

If you're snooping through his drawers, it was not in plain sight (unless the drawers have windows). You were snooping where you had no right to be. I don't know that this activity is actionable, but it wasn't right. So I suggest, to avoid difficulty on this score, evict him generally (~ 30 day notice probably), instead of for the emergency, violation of law grounds. Don't mention the pot unless it comes up.

Hello again, R:

I don't know what came over me. Maybe it was that last took. But, thanks to lawyer, I read it again. I was WRONG! You are a snoop, and a low life. I hope you DO evict him, because he needs to get away from YOU.

excon

Lawyer is right. Do not give a reason for the eviction, at least not a reason related to the tenant. If you care about his feelings, you might make some excuse such as that you will be remodeling or selling the house soon. But it will be apparent to him if you don't.

As for your snooping, unless you have an explicit agreement that you are to clean his room on a regular basis, you should not have been in his room. He is paying for possession of that space and privacy, not just a place to sleep. If he was in a different building, legally you would have to give him 24 hour notice before going in. I don't know how the rule works when you live with the tenant, but the principle is similar.

I guess a lot of questions.

What was the reason you entered the room to start with ?
Where they given notice you were going to into into their space.

And of course the minute you opened one of the drawers you were tresspassing.

So yes just evict under 30 days and get over it. Next also never illegally search your roommates room