Rentals in Santa Barbara>Question Details

Taylor, Both Buyer and Seller in Santa Barbara, CA

How to evict a tenant who is doing drugs and not paying rent?

Asked by Taylor, Santa Barbara, CA Tue Feb 28, 2012

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Hello, my name is Chris Sorensen. I am the Founder of USA HELP a non profit and the author of; Financial Sense to White Picket Fence.

Evicting someone you suspect is doing drugs is difficult. You will need proof. Police are you best resource for this.
Not paying rent:
Evicting a tenant is called an “unlawful detainer” action. Every state has an unlawful detainer procedure whereby a landlord gets a court order to evict a tenant quickly and at low cost. The proceeding commonly requires first serving the tenant with a “notice to quit," which notifies the tenant that the landlord is kicking the tenant out. State law varies regarding how many days notice a tenant is entitled to before the tenant can actually be evicted, but it is usually between 3 and 7 days. The landlord must then wait for the number of days to expire and then file an unlawful detainer action with the court. If the landlord "wins" the unlawful detainer action, then the landlord gets a court order or judgment for possession of the property. It is illegal for the landlord to physically remove the tenant, lock the tenant out or remove the tenant's belongings. In most states, it is the sheriff who will enforce the judgment/court order and escort the tenant out of the unit. Source: Lawinfo
1 vote Thank Flag Link Thu Mar 1, 2012
Give the Police Department in Santa Barbara a lot of credit; they do not want drugs in their city:
If you contact them, let them do their job while you do yours.
I believe that they will listen hard to a landlord.
0 votes Thank Flag Link Tue May 21, 2013
Taylor,

I think NOT PAYING RENT is the issue. Go about evicting them the way you normally would for not paying rent. It takes time. I see you're in California. I know someone who has been living off of landlords for five years now. Police don't do anything and landlords generally just sue for the property back. I think this guy gets a good 6 - 8 months out of each move. Good renters are worth their weight in gold :)

Good Luck,
Christine
0 votes Thank Flag Link Thu Mar 1, 2012
Wait until you see him in the act of a drug deal. Then call the cops. The rest is history.
0 votes Thank Flag Link Thu Mar 1, 2012
Taylor:

See page marked page 67 (file page 77) "Terminations and Evictions” of the following document:
http://docs.Steven-Anthony.com/Landlord-TenantGuideCA2010.pdf

Both evidence of illegal activity and non-payment of rent appear to allow a Landlord to execute a standard 3-day eviction. I also agree that seeking the advice from an eviction attorney would be a very wise move.

-Steve
0 votes Thank Flag Link Tue Feb 28, 2012
I agree with Sandra. Most leases have a "Unlawful Activities" clause that immediately terminates the lease if a tenant is found to be committing a crime on the premises. The problem is that it takes a conviction to prove that the unlawful activity has taken place. Best bet is to evict for non-payment of rent, which is easier to prove if the tenant requests a court hearing. Start by contacting an eviction attorney for guidance.
0 votes Thank Flag Link Tue Feb 28, 2012
Your first call should be to a real estate attorney who specializes in evictions. The attorney will be able to tell you what needs to be done to begin the eviction process and how to handle this tenant.

You may also want to call the local police to report the situation. The police report can be used as supporting documentation for the eviction.

Good luck!

Sandra Glaser
RE/MAX Voyage
0 votes Thank Flag Link Tue Feb 28, 2012
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