How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask KJL LAW Your Own Question
KJL LAW
KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 1280
Experience:  Attorney at Law Office of KJLLAW
92128996
Type Your Real Estate Law Question Here...
KJL LAW is online now
A new question is answered every 9 seconds

If a tenant has been arrested dealing, and the apartment has

Customer Question

Customer: If a tenant has been arrested for drug dealing, and the apartment has been searched but the police(torn apart) what can we do as a landlord next? Can I take possession of the apartment or do I need to file an eviction. Is there a clause I can put in the lease that allows me the right to take possession if the tenant is arrested for serious crimes(felonies)?
JA: Thanks. Can you give me any more details about your issue?
Customer: The tenant is on a month-to-month the a SWAT team came and kicked in the doors and arrested both the tenant on the lease and his friend who was residing with him. They were connected to a BIG drug dealer. They were both arrested, not sure if they will be granted bail, and the apartment is trashed but can I go in there? And what can I put in the lease that allows me to go right into the apartment should this ever happen again?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
Customer: Yes, how long?
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KJL LAW replied 1 year ago.

If a tenant is arrested for illegal activities, under the law you must still file an action in court to evict. The criminal activity is grounds to go to court to ask the judge to issue a warrant of eviction. Leases should contain clauses that allow the landlord to evict for breach of lease based upon the grounds that the tenant is committing a crime, and is arrested. Also such criminal activity is a breach of the tenants duties to the landlord and any other tenants.