Tenant conviction of possible illegal substance
Do I, as a landlord, have the right to evict my tenant based on her conviction with out a time frame. This started out as a favor to a friend to let this individual move in my upstairs that was not being used. The tenant and I "verbally" agreed upon a weekly $ amount that would help me cover monthly housing expenses this included all utilities as they were not set up to bill separately. I put a door up to separate the upstairs from the down stairs as it already had a separate entrance. She moved in a few years ago and has been a pain in my side ever since. She has 2- AI charges, 1- Aggravated DUI and leaving the scene of an accident and more recently Possession of an Illegal Substance. She has been behind or late on "rent" payments since Dec and I have tried to work with her but her promises lack follow-thru. I gave her a notarized letter to vacate the premises in 7 days. She insists that she is not leaving and has no intention to pay me anything "she has rights" Then I found out about the drug conviction. Can I skip the rest of the eviction process?
Depending on your state, You have 3 ways to get the tenant out.
1) The best way to get this tenant out would be to give her a Pay or Quit notice based on her non-payment of rent. Depending on your state (please list the state), your notice may have to be from 3 to 30 days long. Once it expires, if she has not paid rent in full (accept only full payment - no partial payments), then you file to evict her. The down side would be if she actually came up with all the rent.
2) Another way is based on her lack of a lease (month to month). You can simply give her the appropriate notice to vacate. It varies according to your state, but this notice can be from 7 to 60 days long. You need no reason at all to ask her to move out unless you live in a rent controlled area or in NH. As long as you aren't in those areas, there isn't any defense to not moving when asked to. It is fairly simply to evict if she doesn't move out before this notice expires.
3) The last way is based on the drugs and lease violations. If there is a clause in the lease that states it is a crime free property or if your state has an expedited eviction for drug use, you can serve a shorter notice. Again, it varies by state, but its length is usually in between the non-payment notice and the m2m notice. Once it is up, again you file to evict.
But under no circumstance can you ever skip the eviction process based on her crimes.
Thanks, OHlanlord. I gave her seven days to vacate the premises, unfortunately she is still here, however on the 8th day I filed whatever it is at the court house here in Kenton, County KY and am just waiting for her to be served. The court date is set for next week so we'll see how it goes. She is like $1,140.00 behind in rent can I ask the Judge for the back rent at that hearing? I was told I would have to take her to small claims court? Also do you know if the judge can order her to leave that day? I've searched the KRS laws but can not really find a clear cut answer. I have a feeling she is going to be a little more cooperative once the Sheriff serves her papers to appear in court. Still a week away...lot can happen. Thank God I found this site. Thanks again