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KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 1452
Experience:  Attorney at Law Office of KJLLAW
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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?
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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.