Can you belive it? : ezLandlordForms

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Can you belive it?

Shawn M

started a topic over 11 years ago

Ok, check this out. On Apr 11th 2012 (Less than one year ago) I drafted a lease to rent to a friend of my GF. Less than a week ago, the cops serve a warrant and find that she has an "OR state legal marijuana grow". Ok, she was legal and has all the paperwork, BUT according the cop I spoke to, she was so over her production numbers it was a felony. They admitted to selling to people that didn't have use cards, the son was going around the neighborhood, supposedly asking them if they wanted any smoke and where they could get it. AND They were using Meth (many baggies with residue found in the house and a tent in the back yard. The tenants BF was selling it supposedly out of the house. THAT BF was unauthorized and look, acted like a tweeker, I told her he had to move out. She said he did, then when the cops came to MY place to look for a grow operation, he was still there living in the tent in the back yard. They have since disappeared, My GF got a text saying that there was no meth, ect, but did not deny being over on production to felony levels and selling to everyone around us (I am an owner occupant of the duplex). I will get a copy of the police report!!!! The warrant was performed by the County Sheriff. They want her gone and may help if I get my ducks in a row. SO, from a legal standpoint: 1. They were in the property less than 1 yr (No 60 day eviction notice needed.) 2. The rent was due on the 1st, I should be able to give a 72hr eviction notice on the 8th for non-payment. 3. I stupidly, because they travel out of state often, placed in the lease that 30 days constitutes abandonment. 4. I don't have a signed copy of the lease. She could use a signed copy to fight certain things. Since she was a friend of my GF I stupidly didn't bug her till it was too late 5. I could, I think despite the lack of signed lease ask for a 24hr eviction for committing and "outrageous act"(manufacture or delivery of drugs) Questions: * Does the lack of lease (unless she provides one) revert to a month to month? * Can I still state that the rent is late, or can they assume ANY amount can be paid at any time, since there was no written agreement? * Can I still use the "outrageous act" as cause for a 24hr eviction? * 3 dogs, 3 cats, 3 people all gone for now 5 days, no rent paid....Typically an 8 day absence constitutes abandonment. Can I still use this? *** Any advice....other then get a lawyer :o(

1 Comment

Karen S

said over 11 years ago

Shawn, for one it's not a great situation because you do not have a signed copy of the lease. So without signatures there really are "no" set rules regarding a lease. However, I believe that most states allow for an immediate eviction if ANY illegal activity occurs. If you do not want any advice from an attorney, I would scour the web and brush up on your state laws. Good Luck.