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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
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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: 2,202
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.

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KLAW
KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2,202
2,202 Satisfied Customers
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

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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).

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