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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10
Chris Sorens…, Other Pro, Temecula, CA
Thu Mar 1, 2012
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
Mtmyrnathoma…, Home Buyer, Santa Barbara, CA
Sun Jan 28, 2018
If I'm in a foreclosure property and the other tenants gets raided for heroin dies that gives them the right to live on the property? For safety and health for our children?
0 votes
Agorman63, Home Buyer, Santa Barbara, CA
Thu Oct 6, 2016
What form do I use for immediate eviction for illegal drug use on my property? She was arrested for drugs and was just released from jail although I told her not to come back to my home. She says she's going nowhere unless I evict her. I have small children in my house too.
0 votes
I live in Elk Grove, CA.
Flag Thu Oct 6, 2016
Toramonarose, Home Buyer, Santa Barbara, CA
Fri Sep 9, 2016
I live in Ramona CA I have a non written lease tenant in a room in my home I have found that they are doing Meth and other drugs. What are my rights I called the cops they did nothing to help me. I said drugs are ageist the law I don't want them here. They just said yes they are and did nothing.! How do I get them out of my Home? Help How long do I have to give them? They are behind on rent What do I do?
0 votes
I would suggest that you hire an attorney. The fact that you don't have anything in writing makes your case tough.
Flag Fri Sep 9, 2016
Ron Thomas, Agent, Fresno, CA
Tue May 21, 2013
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
Christine Mc…, Agent, Valparaiso, IN
Thu Mar 1, 2012
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
John Arendsen, Agent, Leucadia, CA
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
I doubt it's that easy. If it's a drug deal that anyone would notice, that takes under a minute long--that's not enough time to even pick up a phone much less enough time for police to get there. If, on the other hand, it's one of those long, drawn-out events (where a person comes and "hangs out" for a while), then catching them "in the act" of that is difficult too, seeing as how can anybody be sure what somebody else is doing at any given moment behind closed doors?
Flag Tue Jan 19, 2016
Steven Ornel…, Agent, Fremont, CA
Tue Feb 28, 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
WHETHER AN OVERNIGHT GUEST THAT REFUSES TO LEAVE OR A ROOMER THAT PAYS RENT YOU WILL HAVE TO EVICT THROUGH THE COURT. LET A LAWYER DO THE FIRST ONE & THEN YOU WILL KNOW HOW IN THE FUTURE YOURSELF. WHEN THEY SEE A LAWYER IS INVOLVED THEY CANNOT GET OUT FAST ENOUGH & SAVES YOU MONEY IN THE LONGRUN. OUR ATTORNEY DID THE 30 DAY WRITTEN NOTICE TO MOVE (IN CALIFORNIA YOU DO NOT NEED A REASON) I HAD TO USE THE ROOMERS RENT TO HIRE ATTORNEY $700 BUT HE WAS OUT BEFORE 30 DAYS & I HAD IT RE RENTED THE NEXT WEEK. POLICE REFUSE TO HELP IN A CIVIL MATTER IT HAD TO BE CRIMINAL WITH PROOF BEFORE THEY CAN DO THEIR PART. GOOD LUCK & NO WORRIES.
Flag Fri Feb 16, 2018
John Souerbry, Agent, Fairfield, CA
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
Sandra Glaser, Agent, Syosset, NY
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
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