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TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12025
Experience:  JD, MBA
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I run a sober living house my residents sign a contract

Customer Question

I run a sober living house my residents sign a contract stateing that they will not use illegal substances or immediate eviction. how can I envorce this
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If a tenant uses illegal substances, then you will need to give the tenant a written notice to vacate due to his breach of the lease. Usually, you would give the tenant 30 days to vacate. If the tenant does not vacate after 30 days, then you can visit the local court clerk for the eviction forms, and file an eviction lawsuit against the tenant. At the hearing, you would need to prove that (1) the tenant agreed not to use illegal substances (so you would show the judge the written agreement), and (2) that the tenant disregarded the agreement and used illegal substances (so you would show the judge your evidence that illegal substances were used). The judge would then grant you possession of the property, and if the tenant refused to leave, then the sheriff would physically throw him out.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Expert:  TJ, Esq. replied 2 months ago.

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

Customer: replied 2 months ago.
EVEN IF THE resident is on a week to week rental agreement and signed a contract that they would vacate immediatly if using illegal substances
Expert:  TJ, Esq. replied 2 months ago.

Hi again.

If the tenant signed that agreement, then you can certainly try to enforce it in court. However, a judge would likely rule that the provision in the contract that attempts to avoid providing a notice to vacate is not enforceable. In other words, the judge is not likely going to allow you to circumvent the law by having the tenant agree to such circumvention. The laws are written such that tenants are protected and so notice requirements cannot usually be bargained away.

Customer: replied 2 months ago.
then how can a hotel\motel throw you out
Expert:  TJ, Esq. replied 2 months ago.

Hi again.

Hotel guests are not tenants. Tenants have special rights under the law.

Expert:  TJ, Esq. replied 2 months ago.

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.