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    gototknow's Avatar
    gototknow Posts: 1, Reputation: 1
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    #1

    Jul 9, 2012, 06:04 PM
    Eviction for drug use
    In have given my at will tenant a 60 day notice, as of 07/19/2012 they are supposed to move or I will have to file eviction papers. But today I called the police to report stolen property and they informed me that they have been there several times and knew my brother well and that he had overdosed 2 times on heroin and they stated that everyone in the house was a junkie and I should get them out ASAP or I could loose my house and be arrested myself because I have knowledge of the drug use. Thank You
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Jul 9, 2012, 06:17 PM
    What is your question for us?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jul 9, 2012, 06:23 PM
    Quote Originally Posted by gototknow View Post
    and I should get them out ASAP or I could loose my house and be arrested myself because I have knowledge of the drug use. Thank You
    Hello g:

    Couple things..

    You don't have knowledge of drug use.. You only have what the cop told you, and that's hearsay. Secondly, you can't be arrested because of what your tenants do. For them to threaten you like that is outrageous.

    You CAN'T get them out ASAP without violating civil law and risking a lawsuit. Follow through on the eviction procedure you started and you'll be fine. Don't talk to the cops any more.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 9, 2012, 06:56 PM
    Your response to the officers should have been, "if they are breaking the law, why don't you arrest them and get them out? " As excon said you don't have proof, only suspicion. You have done the right thing by serving them with a vacate notice.

    If you could prove illegal activity (for example if the police arrested them) you might be able to issue a shorter notice for breach of lease.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 9, 2012, 07:05 PM
    Yes, you have no evidence to present in court. I assume you can give them notice of an inspection of the house, but you can't look in drawers and the such

    If it is your brother living there
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