Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am a landlord with two tenants on a one year lease that…

I am a landlord...

I am a landlord with two tenants on a one year lease that terminates July 28, 2018. One of the tenants moved out around March 1 and returned to his home state of Florida with no intent to return. When I confronted him back In October about the smell of pot inside the house, this tenant verbally admitted that he was smoking pot on the premises. Smoking anywhere on the property is lease prohibited. I chose to not begin eviction for the lease violation at that time.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado.

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not with authorities

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
3/14/2018
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 30,924
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Landlord-Tenant Question

Good evening. Can you please share with me what your question is?

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
I am a landlord that signed a lease with two tenants end of July 2017 in October I went to post a three day notice for late rent on the door the tenant answered and the smell of marijuana was very evident. Subsequently the tenant admitted to me he was smoking marijuana on the premises in violation of the lease. I chose not to proceed to eviction at that time. I did however Have both tenants sign a clause which acknowledge their understanding that no smoking applied to marijuana. Fast forward to March of this year. The tenant to verbally admitted to smoking marijuana has left the state With no intent to return. The remaining tenant is working hard to catch up on rent however I strongly suspect he is smoking spot pot also. Question number one
if I choose to terminate the lease for violations of the smoking clause how do I prove the use of marijuana as the reason for initiating evection?
Customer reply replied 1 month ago
No I do not want to call you at this time

It would be based on first-hand knowledge and seeing it, smelling it or evidence of it. Ifyou caught them and provided them a notice of the violation previously and they stopped, you would need evidence of it happening again, if you want to end the lease and evict.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
Is smelling the marijuana inside the property again sufficient evidence that smoking is happening? The remaining tenant says that the smell is due to lingering odors in the mattress Of the tenant now absent. However I can smell it in the room of the tenant who claims he is not smoking.

I do not believe that the smell would linger all the way back from October if it is still present. You could always bring in a third party with you to see if they smell it also and even go so far as offer to have the mattress cleaned, to get rid of it, so you can know for sure if the current tenant is smoking. If you do not see it but smell it and start the process, you would have to testify and convince a Judge of this over the objection of the tenant, if you want to prevail.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
OK let’s switch to the question regarding liability for rent on the lease. Both tenants are fully liable according to the lease.If the remaining tenant is not able to keep his rent current (and I suspect this will be the case) Am I required to allow him to find another roommate Even though the lease disallows subletting?

It would be at your discretion. The goal is to get the rent, so if he finds a qualified tenant, you may want to consider it. If he simply can not afford it and has to move out, you would then need to consider suing for any unpaid rent and going through the legal process. It is more of a hassle and if he can find someone who you are comfortable with, you can agree to it until the end of the lease and if the rent is paid and there are no issues, even considering offering a new lease.

Ask Your Own Landlord-Tenant Question
I wanted to follow up and see if there is anything else I can answer to clarify. I am here to help so please just let me know.
Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
In a month, I may end up needing to start the evection process for nonpayment of rent and also for marijuana smoking on the premises by the remaining tenant. I will follow the legal process, but can’t serve notice to the tenant that skipped out in the lease and left the area. So what do I do to show the court that he can’t be served?
Customer reply replied 1 month ago
Is my chance of squeezing blood out a turnip better if I have one turnip on the lease or two?

He can be served but you need to do it out of State. If the rent is not paid, that alone is a basis to evict and you may not even want to deal with the smoking issue unless you have evidence. You want to sue them both, since they are both likely liable under the lease and if you get a judgment against both, so after whoever has deeper pockets, for them to pay.

Ask Your Own Landlord-Tenant Question

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
please clarify how to serve notices ( 3 day, 10 day, etc. ) to a tenant who has moved to another state and left no forwarding address. The only contact info I have is email, a phone he won’t answer, an address of a former employer, and his father.
This tenant has twice responded to my emails but I don’t think I can serve a notice electronically and be in compliance.
What must I do to show the court I attempted to serve notices /and comply with legal process?

Great to hear back from you and I kindly just ask that you remember to rate my help at the top, so the site will provide me with the proper notice. The notice needs to be sent to the last known address and if it is the rental, that is where it needs to be sent and can be posted on the door and a photo can be taken, to evidence it. If you have made a good faith effort to email and call them and tet them and they fail to provide one, you have to sent and post it to the last known. As far as service, if you need to evict, they would need to be served out of State and the process server would run a skip trace to try and find them.

LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 30,924
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified
LandlordTenantAnswer and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask LandlordTenantAnswer Your Own Question
LandlordTenantAnswer
LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 30,924
30,924 Satisfied Customers
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.

LandlordTenantAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
If you rent a house in Georgia, then find out it is Electric
Hi, if you rent a house in Georgia, then find out it is Electric and gas you don't want gas but they didn't tell you about the gas. You walk in and find that out how long do you have to cancel the lea… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Im haveing a problem in the moble home park. Texas.
communcation with manager in office own my moble home with no lease … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
My wife and I moved out of our apartment in La grange on
Hello. My wife and I moved out of our apartment in La grange Ky on 3/31/18. We left the apartment in excellent condition. Two weeks later, we get a paper in the mail stating that we're losing our secu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Well, My wife and I received a notice about a week ago from
Well, My wife and I received a notice about a week ago from our leasing office that stated that our lease was not going to be renewed, and our final out date is May 31. When questioned they told us th… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
Can a landlord enter your apartment by drilling a hold in
Can a landlord enter your apartment by drilling a hold in the apt to get in … read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
30,924 satisfied customers
I own a house and my girlfriend move in a year ago and now
Hi I own a house and my girlfriend move in a year ago and now we broke up and even had the police out to the house because a disagreement. And the police gave us a report number. And now I want her to… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is it legal for rent to be increased 66% next month on a
Is it legal for rent to be increased 66% next month on a notice dated April 12, 2018? I'm 78, have lived at retirement home Pinewood Lodge in Aurora for 14 years, having to prove my low income eligibi… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,750 satisfied customers
Me wife been threatened here in bwk ,ga by 6 blacks they've
me wife been threatened here in bwk ,ga by 6 blacks they've threatened me tried stab me other morning call police they say f all white cops,i have police reports had 3 slight heart attacks im 32 yrs s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
My case is in Arapahoe County Court - Civil Case - Landlord
My case is in Arapahoe County Court - Civil Case - Landlord Tenant … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am be harassed and threaten by my managers of the mobile
i am be harassed and threaten by my managers of the mobile home park where I live. They have spread rumors to my neighbors, called the police on me, follow me, change rules, torment by text. Yesterday… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
I am a landlord in Quincy Massachusetts and I have an issue
Hi I am a landlord in Quincy Massachusetts and I have an issue with my tenants. We are renting out a three family house, and the tenants in the first floor apartment are two single mothers who have ch… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
I'm a tenant of a home and my landlord just informed me 3
I'm a tenant of a home and my landlord just informed me 3 days ago that their going up on the rent from 1250 to 1400 monthly. First can they do that and if I refuse to sign that lease how long after t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We are renters and have a serious mold issue that we have
We are renters and have a serious mold issue that we have been talking to manager and maintenance about for almost the entire time we have lived here (since Dec 2015). They (Umbrella Properties, Cobur… read more
Lori
Lori
Juris Doctor
1,067 satisfied customers
How can I find out if I am paying the same amount of rent as
How can I find out if I am paying the same amount of rent as the other tenants in my apartment building?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Does a cosigner on a rental apartment have to list their
Does a cosigner on a rental apartment have to list their SSN? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question regarding eviction in the state of
I have a question regarding eviction in the state of Georgia … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I have a lease renting out a basement in a single family
I have a lease renting out a basement in a single family home. This area requires a sump for a high water level. The house in equipment with two sumps but the pumps are not connected. The landlord was… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
What does ordered and adjuged means. Emerald place FL. I
I have letter stating ordered and adjuged for a stipulation entered on 032718… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x