OT - Evicting a Drug Dealing Tenant

[Milland]

But let them know your concerns, you don't want this guy building up hatred for you, over the 5 to 10 years he hopefully sits in jail, then visiting you when he does eventually get out.

I agree, that's a concern. I'm also worried that the creep's customers are used to going to this house. It's good that the OP's planning on moving at some point soon, as I'd want to separate myself from that house. I hope there's no issues if he sells it and new owners have "visits". Crap, what a terrible situation...

 

[IronReb]

I just can not imagine the stress your in dealing with this mess.

Be very careful with the whole drug dealing thing.

People like this hold grudges for a very long time and remember, he has nothing to lose, you have everything to lose.

It may cost more to have the courts put him out and you may have to deal with his presence longer but do NOT give him suspicion
that YOU may be linked to him going to prison.

I would really consider just keeping things locked up and let the legal system deal with the rent issue.
Keep it business, stay away from criminal.

 

[Trboatworks]

Though I called for cops very strongly, on some thought they might not be able to resolve this any faster than a normal eviction.

We have a dealer across the street who is living in his mothers house.
Constant day and night drug deals.
On speaking with police they know all about it as in their words this is "one of three" drug houses in neighborhood.

The two brothers who deal cycle in and out of jail on drug and weapons charges.
Every few weeks or so the police have a bunch of the clients in cuffs on the curb.
The most they ever did was raid the house- full swat team etc.
Nothing seems to stop it- cops damp it down and we call if the guys are fighting etc out front.

My point is the cops deal with the drug thing constantly and very well may just tell you to evict the guy and that will be it.

As everyone has said- get that eviction rolling.
I am recanting at this point but as said above- don't make this about getting the guy arrested/ in trouble etc- you just need him gone.

This is not the sort of guy who can own up to making his own mess.
You don't want to be on the list of people he is blaming for his troubles...

 

[Big B]

I agree. The OP isn't there to put his tenant in jail or prison. The issue is non payment of rent. That is cause for eviction. Maybe let the tenant know that if he doesn't move out voluntarily he may get another visit from the law.

I just can not imagine the stress your in dealing with this mess.

Be very careful with the whole drug dealing thing.

People like this hold grudges for a very long time and remember, he has nothing to lose, you have everything to lose.

It may cost more to have the courts put him out and you may have to deal with his presence longer but do NOT give him suspicion
that YOU may be linked to him going to prison.

I would really consider just keeping things locked up and let the legal system deal with the rent issue.
Keep it business, stay away from criminal.

 

[Mike C.]

Notifying the police and getting a report written up on drug dealing is a record for eviction. The lease should have more eviction causes than just non-payment of rent. My short rental experience there was certainly a "no illegal drugs in the house" clause for just this reason. If the tenant pays rent faithfully on the 29th day of the month, but has a pot plant growing on the deck, it is reason for a perfectly legal, no advance warning eviction. Whether the property owner decides to evict is a personal decision, but things like this situation are what that clause is for.

 

[Mike C.]

"His original lease expired, which means it automatically renews as a month-to-month basis on the same terms as the original lease. I can give him a 5-day notice for non-payment, a 10-day notice for violating the lease agreement, or a 30-day notice for whatever reason I want. "

Hit him on the 5day. If he's not out then, get a lawyer and get rid of him ASAP.

 

[Superburban]

Another possible issue. In some locals, the city can take away the house under nuisance laws, if there is continued police issues.

 

[adama]

Other thing if drug dealers over there play a similar business model to the ones over here, The dealer is not a problem to you. pain maybe, but knows when to not push things. The customers are generally very polite and like to keep a lower profile still. Problems the other dealers. At least in the drug game over here, dealers don't compete by undercutting one another or other polite buis practises!!!! Definitely not the place for your kids.

 

[JoeE.]

Can't legal lingo be devised in a lease that makes it a lot easier to evict for criminal goings on? Shouldn't have to reinvent the wheel on this sort of misbehavior all the time.

That's what I've always wondered why you couldn't insert a few lines that basically said "I waive all rights to standard eviction notices and time frames in case the landlord needs to evict me at a future time." and have them initial the line and sign the thing.

 

[Milland]

That's what I've always wondered why you couldn't insert a few lines that basically said "I waive all rights to standard eviction notices and time frames in case the landlord needs to evict me at a future time." and have them initial the line and sign the thing.

Many rights cannot be "signed away" in this country, so you'd have to consult a lawyer to get the phrasing correct if it's to be worth anything. A specific clause about repercussions of illegal activity (drug dealing, numbers racket, etc) should be possible, which would include immediate eviction.

 

[Bill D]

With a child in the house who is walking your wife needs to get the keys out of the car and put them out of reach from the child. Bad enough if the drug dealer crashes the car what if your two year old does the same thing?
Bill D.

 

[Spinit]

Yeah I trust you can solve the situation and fall in line with doing my best to deal with this seemingly sick person in a way which will not have you and or your family in any more danger. Playing hardball in some of the scenarios mentioned here are suggestions as all of these are and we have different life experiences. I suppose someone who has dealt with many situations like these likely know better than us what may be the best move and the right Lawyer may be the wise move. Then too remember there are good and bad lawyers. I would approach it in the manner I mentioned earlier and that is in the context of someone who has become sick after being well. We could spend all day implying things and connect them together and make conclusions which are completely wrong based upon heresay or advice on what happened to this one or that one. Who knows for sure he may have lost his job due to a drug problem or selling them at work? Also a twist here which happens a lot is that a person may be getting help in AA or NA and doing good yet when this is found out by any competitors at work bring it out then that could just as easily cause a job loss. Despite the anonymity NA and AA have or will claim to have often times it is not honored. Sometimes it is shared openly because many believe it is just hiding and make the rule a barrier to recovery and go against it just because they are so unique and wise that way they act out as alcoholics and drug addicts often do and that tendency is against order preferably with some feeling of justification,magical thinking, or believing they have a superior knowledge that the other guy that way. It fits the style and mod of some of those people in general and by nature many may be just rebellious that way. Known to happen yet not tolerated in those organizations when such actions are found out and usually then a bad result is already in the works. They themselves should have treated such person as if they were a sick friend. Do it as a good Christian might do if you are so inclined or follow your conscience which is a very personal thing because usually our conscience has a good point. Ask your parents or relatives if you have them or close trusted friends or even a minister. Your first duty is to the safety and well being of your family which includes the way you choose to handle situations like this . Good Luck, I am praying for you . Please let us know what you did decide to do. Different ways of handling things are not always (all or most of) wrong.

 

[Steven-Canada]

Offer him $1,00 cash to be out by midnight and watch him pack.

Pay him as he goes

New locks.

No hard feelings.

IT will be the simplest and cheapest way to go.

 

[Scottl]

I thought I would weigh in on the gun issue. In most states it takes several months to get a license. If you apply for a license while in the middle of this (the cops know the situation) that might look like you were planning violence against him if, God forbid, you had to defend against him later. Courts and juries can be very odd in their judgements.

The other point is that owning a gun for defense rather than recreation is a very serious issue and not to be decided lightly. The decision should never be rushed.

Hanermo and others have given excellent advice. Starting with an attorney to advise is the best course.

One point that may help is the proximity to a school. If the sympathetic cop were to have another chat with him he could remind him that you are giving him a huge break by not pressing charges and also mention the enhanced penalties for dealing near a school. A change of location might then seem more appealing - unless of course he does not want to move away from his best customers (if he is dealing to students).

Edit: Having a toddler complicates keeping a gun in the house for defense. Having a drug dealer who is not afraid to "borrow" things complicates things even more.

 

[Trboatworks]

I will add to this on the school point.
The drug dealer across the street is right smack beside the elementary school where my wife teaches..
We call in all the time when we see miscreants on the school property at night- the police have a tough go of this and I am betting fairly nonplussed by DRUG DEALERS in spite of what that term means to civilians.

 

[Chip Chester]

I may have missed this in the comments above, but:

Start now making arrangements for the wife and kid to stay elsewhere during the key days in the eviction -- namely notification day thru final move-out, however that happens. No need to be worrying about them, too.

Around here, it is common for Sheriffs to participate in evictions when driven by court order. You may be able to request their assistance, or hire them as special duty officers, to ensure good behavior during the transition.

Put a cheap phone in the car, wired to the battery, with something like "find my iPhone" on it, so you can track down your car quickly if it disappears again.

Keep in mind you may be asked (under oath) how long you have known about the situation, and what your timeline was for resolving it. Keep a journal, and be timely with your actions so you're not perceived as passively tolerating the situation.

As mentioned many times above, cameras, cameras, cameras. Hidden is fine. Off-site backup storage of recordings, in addition to on-site secured recordings. With audio, if single-party is allowed in your state. Cameras with audio inside your own house are fine, too... especially if they "happen" to capture conversations from other areas of the house. Can't bug his place directly, though. But you can't help if if his guests/customers speak loud enough to be heard in your house.

Chip

 

[jscpm]

You are leaving out important information like whether there is a lease and when it ends.

Auto theft is crime in all states. That the keys were in the car is absolutely irrelevant to a charge of grand theft auto.

You are talking to the wrong person. It is a very bad idea to talk to police in almost any situation.

The person you want to talk to is the district attorney (or assistant DA, but the head guy is best if possible). You need to bring the DA three documents: a written complaint, an affadavit and proof of ownership of the car (the title to the car). The affadavit is a written and signed document by the VEHICLE OWNER that gives: the owner's name and address and phone number (day time), and states in clear and exact terms the facts. "I arrived home at 5:45 pm and found waffle droppings in my car and a broken mirror on my car. I confronted my tenant at 7:30 PM on the next Wednesday the 17th of March about the theft of my car and he admitted that he had stolen it and damaged the mirror."

The affadavit should have NAMES, DATES, EXACT TIMES, FACTS.

The affadavit should not have: your opinions and ideas, irrelevant facts, comments about ANYTHING other than the crime in question.

The complaint is a letter that says "Dear District Attorney So-and-So, my tenant, JAMES QUIGLEY NOGOODSON, residing at (address), has stolen my car on two occasions, a violation of the General Statutes of Illinois, Chapter XXX, Paragraph YYY. I have appended an affadavit testifying to the facts of the theft. I am willing to testifying in any proceedings against NOGOODSON. (signed) Carly Owner"

You then take these three documnents, including a copy of the title of the car, to the DA or Asst DA, with whom you have made an appointment and present the documents.

If all goes well, the DA will issue a bench warrant for his arrest and arraignment on the charge you have specified. Once this occurs, he will agree to vacate the premises pronto.

Notes on the law in Illinois:

Stealing a car and returning it (joy riding) is CRIMINAL TRESPASS in Illinois. Statute: 720 Ill. Comp. Stat. § 5/21-2

(That statute I just listed is the one you put in the complaint, do not put it in the affadavit)

Criminal Trespass is a class A misdemeanor with a penalty of up to a 1 year in jail and a fine of $2500. Since he stole the car twice, that would be up to 2 years in jail and $5000 in fines. Since the lease expires in less than 1 year, you should have no problem evicting him before he gets out.

 

[bjorn toulouse]

Offer him $1,00 cash to be out by midnight and watch him pack.

Oh yeah, $1 Canadian would certainly motivate me!

I've seen more than one reply suggesting that a cash "buyout" as a means to get the asshole to move out. If you really think about it, that would likely lead to many delays and more cash out of pocket to the asshole.

The money is better spent on a lawyer.


Rex

 

[hanermo]

Bjron - It depends.
Both yes, and no. And very strongly.

Just like appearing with 12 friends riding hogs.
My advice - with experience- as said - absolutely no aggro.


IF the tenant will leave, nicely, a cash 1000$ is really cheap and easy and a good choice.
Impossible to say.
If he does not, the problem (maybe) got worse. Thats why a polite proposal is the way to do it.

Lawers dont help - ever.
They help convict and or punish those with means to pay. Most people are not in this class.

A fast solution is any nr of legal practical solutions.
Pi, security firm, etc.
Hogs(sicilians/etc. as well, with borderline legality. Everyone understands.
Anyone can throw the guilty party out.
Thats not the point.

1. Its not desirable. (Its a negative option.Last resort.)
2. He does not (kudos !) want to do it. I understand perfectly.

The whole point, imho, is to resolve the thing fast, and easy, with no aggro.
And no resentment.
Not because of anything existing, necessarily.
Years later, some get caught, go in prison, and then develop a fixation that its "his" fault.
I dont recommend the experience of having a (convicted) multiple murderer call and extort and threaten you, your family, business.
(Sold over an invented "debt" with no docs, you see).
Everyone understands.


We own a commercial law office, and employ lots of lawyesr.
I respect them and their work.
1=/= 2.

Oh yeah, $1 Canadian would certainly motivate me!

I've seen more than one reply suggesting that a cash "buyout" as a means to get the asshole to move out. If you really think about it, that would likely lead to many delays and more cash out of pocket to the asshole.

The money is better spent on a lawyer.


Rex

 

[Chip Chester]

Hmm, not sure I would tell a known car thief and suspected drug dealer that I had a grand in cash on me... not without backup, at least.

Chip