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JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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My apartment got searched with a warrent. The cops went to

Resolved Question:

My apartment got searched with a warrent. The cops went to the leasing office to get a key. I'm the only one on my lease but my boyfriend has been staying with me for a couple weeks. The warrent said their was marajuana in my apartment, us currency obtained from selling out of my apartment. He does not live there, the cops had to of been following/watching him. The warrent says his name not mine but my apartment is in the warrent. I have 3.5 months left there. Can they really evict me for that? And if they do can I appeal it and win? Thanks hope it's not too long to read
Submitted: 7 years ago.
Category: Legal
Expert:  JD replied 7 years ago.
Do you have a written lease? Does it contain any provisions that cover "illegal activities" or permitting unauthorized occupants? Have they sent you some sort of notice?
Customer: replied 7 years ago.
It is a written lease and I do believe there's some kind of drug policy in it. This happned Thursday, there are no notices as of yet. And like I said the warrent was for him and my apartment. Not me.
Expert:  JD replied 7 years ago.

They may attempt to evict you if you have violated some provision of the lease agreement you signed. For example, if your boyfriend was dealing drugs from your apartment and your landlord can show that you permitted this to happen then you could be evicted. If you had no idea this was happening, and he was not staying their in violation of the lease then you may be able to persuade them to let you stay.


If they attempt to evict you, and you feel you have not violated any term of your lease then you may appear at the eviction proceeding and argue to the judge that you have not violated your lease and do not wish to be evicted. If the landlord is able to demonstrate by a preponderance of the evidence that you violated the terms of your lease then you will be evicted. Otherwise you shouldn't be.


Obviously any decisions rendered in local courts may be appealed, however at some point you need to assess the costs versus benefits of pursuing litigation.


Please reply if I can help further.



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