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my son and his girlfriend just rented a 2 br apartment- they

 
Dave Kennett's Avatar
  • Answered by:Dave Kennett
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my son and his girlfriend just rented a 2 br apartment- they are in thier 20's- they rented a room to someone else and now they find he smokes weed in his rented room- can they be liable for this? what should they do in this case?

 

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Country relating to Question: United States
State (if USA): Virginia

Submitted: 287 days and 1 hours ago.
Category: Real Estate Law
Value: $60
Status: CLOSED
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Expert:  Dave Kennett replied287 days and 1 hours ago.

-Could you explain your situation a little more?
Is there a written sublease with this individual?

Do they have a written lease with the landlord of the apartment?

Customer replied287 days and 1 hours ago.

the lease that the person has who rents the room is a sub lease with the tenant who rents him the room- the lease does not mention prohibiting smoking pot-

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Expert:  Dave Kennett replied287 days ago.

DearCustomer- Unless smoking pot is legal in the community where the apartment is located then your son can file for an eviction due to criminal acts being committed on the premises. They would have to give a written notice and then file a suit in the local court for forcible entry and detainer and obtain a written order from the court. If the tenant still fails to leave the sheriff or the court bailiff will forcibly remove the tenant. It is always a violation of any lease to conduct criminal activity on the premises and it is always grounds for eviction. Your son can also be subject to eviction by his landlord since he is ultimately responsible for the premises. Also, if the sublease was not approved by the landlord your son could have a problem so I would suggest that your son take the necessary legal action to evict the sub tenant before your son becomes subject to an eviction from his landlord.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.7 %
Accepts: 4570
Answered: 8/4/2012

Experience: 25 years experience

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