Help! I live in PA and the tenants of the (only) rental property were arrested this morning on felony drug dealing charges. There is NO doubt that the drugs were being dealt from my rental property.

What rights and responsibilities do I have as far as getting them evicted as soon as possible!!

You don't have much you can due until this person is found guilty, even then your rights are limited unless you added some clause to the standar lease. I know one of my tenents was a hooker and stole money from her employer. She was found guilty but I had to live out the lease agreement.

Check the lease you have with them. I am in rented and my contract says I will be evicted if I carry out, or allow to be carried out, any illegal activities in or on the property.

Mote point until the conviction.

Contact an attorney in the area who is familiar with landlord/tenant law. The laws in some states permit you to obtain a judgment for eviction on an accelerated basis when a tenant is found guilty of drug dealing. You may be able to get an eviction 3 days after the tenant is convicted.

Hello JP:

In my state, they have an emergency drug dealing eviction law. In fact, if the landlord DOESN'T move aggressively against the tenant, the state can, AND WILL seize the property.

Guilt or innocence has nothing to do with it.

excon

Excon, I don't disagre with you because I've read many of your posts and you do good work. I've not heard of this law. Without a conviction? Wow< so much for innocent until proven guilty. What state are you in and can you tell me more?
Thanks

Hello again, ballenger:

I was wrong, to a degree. Instead of seizure, the abatement program closes a building for one year, and forces the landlord to pay all the costs of doing do.

In 1988, the Washington State Legislature adopted Chapter 7.43 RCW - the drug nuisance laws. These laws provide cities and counties with powerful tools to combat illegal drug activity by authorizing civil actions in superior court to close buildings or units in buildings that are being used in connection with the sale of illegal drugs. The statutes provide that the court must, upon finding that a drug nuisance exists, order that the building or unit within the building be closed for a period of one year (RCW 7.43.080 and .090). Any property where a drug nuisance exists may be subject to abatement under Chapter 7.43 RCW, including apartment buildings, motels, hotels, taverns, stores, and private residences.

In that same year, the state legislature amended Ch.59.18.RCW, the state landlord/tenant act, to enable landlords to evict residential tenants engaging or involved in drug related activities. To wit: "RCW 59.18.180 (2) If drug-related activity is alleged to be a basis for termination of tenancy under RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action."

When a bust happens, the owner of the property gets a letter from the police department with a sample 3 day notice enclosed. The letter clearly threatens the landlord with abatement if he doesn't act. The only evidence necessary is the police report. The eviction proceeds normally after that.

Of course, this proceeding is civil in nature. It has nothing to do with guilt or innocence. Notice the word "alleged" in the law.

excon

Go to the police station and obtain a copy of the police report. If the police report states that illegal drugs were found in the rental property then you are legally obligated to post a 3 day notice. The person accused of the drug possession is innocent until proven guilty; however, the illegal drugs were found in the rental property and therefore the tenants, no matter who they are, must be served a 3 day notice. If the landlord fails to serve the 3 day notice he can be charged with a misdemeanor and end up with a criminal record himself.

Be sure to bring a copy of the police report with you, along with a copy of the eviction, to the eviction hearing.

Whether the lease mentions that a tenant can not use or bring illegal drugs into the rental property is mute. The Landlord/Tenant law has already set the rules.