Some people have a penchant for going after what is illegal. Drug activity or other illegal activities, for example, have fueled the temptation of some to throw rational thinking out of the window. Once you are entirely sure that these illegal activities are taking place on your premises, then it is time to serve your tenants a notice for illegal activity. This notice will make their automatic eviction justified and lawful—as opposed to kicking them out of the premises immediately. Learn more about this by reading below. Read More
A notice of illegal activity is an eviction notice sent by the landlord regarding an illegal activity committed on the property. The most common illegal activity includes drug use. According to Express Evictions, bright lighting, tenant isolation, excessive traffic, methamphetamine, and unusual odor are telltale signs of unlawful behavior. Such activities are terminable offenses—meaning, the tenant is imposed an automatic eviction. If the tenant fails to leave the property on the specified date, the landlord may resort to a legal eviction, also known as forcible entry and detainer. The notice is served according to the state’s required days of service.
How to Write a Notice for Illegal Activity?
The Fair Housing Act of 1968 prohibits discrimination against race or color, age, family status, religion, and national origin. It believes that every American should have equal rights to housing, regardless of characteristics that are beyond their control. To craft a non-discriminatory notice for illegal activity, here are some tips:
1. Gather Circumstantial Evidence
Maybe you have received complaints from other tenants about the suspicious activities of their neighbor. Suspicious activities such as unusual odors, bright lighting, and heavy traffic are enough to raise suspicion. But you must not rely on these suspicions alone. You have to investigate to make sure these complaints are not fueled by racism and discrimination. The evidence that you gather will verify all claims.
2. Consult with a Lawyer
Once you have gathered all circumstantial evidence, consult a lawyer. Lawyers are well-versed with the eviction process, and you will be more confident during the process. Bear in mind that following a step-by-step procedure will help you avoid legal troubles in the future.
3. Craft the Eviction Notice
Start writing the eviction notice by compiling all the necessary details. Pertinent information includes the addressee, the address, date of notice, reason, and your signature. Use a template if you are not so sure about the formatting. Ready-made templates enable you to have a hassle-free writing process, so you have more time to carry out other important tasks.
4. Provide Clear and Concise Reasons for Eviction
You may include a provision in the rental agreement or lease agreement that the tenant has violated. Avoid vague explanations and be straightforward in explaining the reasons for eviction. Include the expected date of departure, and indicate that if they fail to vacate on the said date, you will have to resort to legal actions. It is also vital to inform them that attorney’s fees and costs will be shouldered by them if instituted.
5. Serve the Eviction Notice
Notices are highly recommended to be delivered through certified mail to have the proof of service. When using templates or ready-made forms, provide the notice in the same manner and check the box accordingly. Also, make sure to include the name of the tenant and the date of service. At the bottom, write your name and sign the document.
Frequently Asked Questions
Can I evict a tenant who is engaged in illegal drugs?
Yes. You can evict a tenant as long as you have all the necessary evidence. Also, the lease agreement must contain a provision when it comes to illegal drugs and/or criminal conduct. When serving a notice, make sure you have coordinated with your lawyer regarding the eviction process, such as the days of service, due process, etc.
Can I conduct a surprise inspection or a walkthrough for suspicious behavior?
No. You can only enter the premises if you have provided prior notice. And the reason for such entry should be maintenance or repair, not for suspicious behavior. If you receive complaints from tenants regarding suspicious behavior, then you’ll need all the necessary information.
Can I evict a tenant for no reason?
For a month-to-month tenancy, yes, you can evict your tenant for no reason. As long as your reason is not discrimination nor retaliation against a tenant who exercised their rights. For other tenancy arrangements, you may need to provide a valid reason for the eviction.
How can I evict a tenant immediately?
According to Home Guides, the fastest way to evict a tenant immediately is to observe the state laws and hire or coordinate with an eviction lawyer. The initial step would be to send a days’ notice to the tenant regarding their eviction. The number of days will depend on your state’s laws.
Can an eviction notice be canceled?
Yes, according to Home Guides, an eviction notice is just an initial process of removing a tenant from the premises. However, not all eviction notices end up in eviction. The landlord may also cancel the eviction notice at any time. But the eviction notice can be automatically canceled when the applicable law is violated.
Individuals get jailed because of a lack of self-control. And the lack of self-control is alarming because it can harm people unintentionally. And even more alarming if it’s in rented premises with neighboring tenants. Illegal activities on your premises need immediate action to prevent affecting other tenants and your business. Therefore, you need a written notice to evict them from your premises lawfully. Even though they have been proven guilty, they still deserve due process. Failure to provide this will mean that you have to face legal consequences as well. Therefore, ensure transparency and security on your tenant’s end by providing notice for illegal activity.