Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
If a tenant has...

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)?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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?

Lawyer's Assistant: 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?

Yes, how long?

Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 21 minutes by:
1/21/2016
Real Estate Lawyer: KLAW, Arbitrator replied 2 years ago
KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2,478
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified

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.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask KLAW Your Own Question
KLAW
KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2,478
2,478 Satisfied Customers
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

KLAW 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a tenant who has missed 6 months of rent ($10,200). s
I have a tenant who has missed 6 months of rent ($10,200). His lease ends March 31st. He was taken into court and given until March 5th to pay but was not able to and has been served the eviction noti… read more
KLAW
KLAW
Arbitrator
Juris Doctorate
2,478 satisfied customers
I have a tenant who is two months behind on rent,has trashed
I have a tenant who is two months behind on rent,has trashed the property.broken doors and windows ,moved in other people and I know but cannot prove is dealing drugs and may be making meth.He will no… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My landlord is trying to evict us do to in her words "trashy
My landlord is trying to evict us do to in her words "trashy yard and porch" she mailed us a 30day notice to leave.. is there any thing that we can do? Also I am on disability for neurological problem… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am a landlord with a tenant 6 months into a 1 year lease.
I am a landlord with a tenant 6 months into a 1 year lease. Last night SwAT came and aressted tenant- knocked down doors etc. Tenant is in custody. Do I have legal grounds to evict?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I purchased a 2 apartment home in Niagara Falls, NY for my
I purchased a 2 apartment home in Niagara Falls, NY for my mother to live in one apartment and my sister to live in the other. Two years ago my mother let a different sister move in with her. This sis… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have several tenants sharing an apartment. Actually, this
I have several tenants sharing an apartment. Actually, this question applies to two different apartments. Both rented to "roommates" where the relationship has soured. In both cases, the question is t… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
Currently in the last month at this apartment building there
Currently in the last month at this apartment building there have been two break in's, a warrent served that need 5 armed police officers, and a drug raid that needed the assistance of a SWAT team to … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
We have a 6 month lease for our tenants, then, as stated in
We have a 6 month lease for our tenants, then, as stated in the lease that they sign, it becomes a month-to-month. We recently had a tenant find a cell phone on the ground near the alley behind our bu… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
My mother lives in an apartment. Her son (my brother) moved
My mother lives in an apartment. Her son (my brother) moved in approx 2 years ago, has never paid rent, became a hoarder, and was recently arrested for dealing drugs out of the apartment. He has left … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My current tenant had a convicted felon and wanted fugitive
My current tenant had a convicted felon and wanted fugitive staying in our property. My neighbor have only seen her a hand full of times in the 5 months of the lease. Recently there was a shoot out be… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a tenant with section 8 voucher. To describe the condition
I have a tenant with section 8 voucher. To describe the condition she brought my property to as a big sty, would mean to offend a pig. Doors are being torn from their frames, the walls are covered wit… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
My neighbor is dealing drugs out of his apt. I hv told my landlord
My neighbor is dealing drugs out of his apt. I hv told my landlord abt it. There hv been more than normal amount of break-ins within 6 apts of drug dealer. Both drug dealers hv boareded up windows. It… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
My daughter in Texas just called to tell me that she was served
My daughter in Texas just called to tell me that she was served with an eviction notice for violating the rules of her apartment building. They are demanding that she vacate in 24 hours and also stati… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have signed a lease, but yet to have keys to the apartment
I have signed a lease, but yet to have keys to the apartment ( due to it being painted). AFTER the lease signing, I noticed a broken window ( which was fixed by tape) and was notified that there was n… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
If your tenant had the S.W.A.T. team kick in both your doors
If your tenant had the S.W.A.T. team kick in both your doors and set off smoke bombs and remove your tenant...What are the laws for landlord entry? (the doors were hanging off the hinges) He was a mon… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
All of my tenants belongings were seized as part of a drug
All of my tenants belongings were seized as part of a drug raid last week (including the beginnings of a drug lab in the bedroom). There is a warrant for his arrest, but the police have not yet found … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I rent a garage apartment to a woman whom Ive heard rumors
I rent a garage apartment to a woman whom I've heard rumors was involved in buying and using crack cocaine on the premises. Upon investigation, I saw drug paraphanelia that had been discarded outside … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I am a landlord in Palm Beach County, FL I have a tenant who
I am a landlord in Palm Beach County, FL I have a tenant who was arrested yesterday by DEA, PBSO, and SWAT team for selling durgs to an undercover agent. What are my available actions to evict this te… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 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