Landlord Question and Answer Forum

One of two tenants on lease is in jail due to Domestic Abuse. Wife also suspects him of drug use which is automatic eviction in MN. She wants him evicted and she will stay in unit. She can afford full rent. What sort of proof do I need of drug abuse to evict him from the lease? Is Domestic Abuse enuf to evict/remove from lease?

You may want to retain a lawyer. As he is in jail, ask her for a copy of the arrest and conviction report and file with the county for eviction. In most states, that's all you need to do. As for the suspected "Drugs" and "Abuse", you cannot force eviction merely because you "suspect"...you can't. If/When a tenant notifies you of a criminal act or activity taking place on your property, first thing you say is "Call the cops first and when they arrive, call me." Real life experience - My upper tenant (a 30ish female) called me to complain about going into the laundry room and finding the husband of my lower married couple sniffing her bra and panties that he pulled out of the dryer. I wrote a letter to the lower stating the nature of a the complaint and further actions may result in eviction but he and his wife denied thus making it word against word. As I then told the upper tenant both what was done and their response and said this "If you want out of your lease now, I will not contest....or...keep your phone with you and if he does it again, take a pic, call the cops then call me." About 2 months later, she sent me the pic, copy of the ticket, copy of the court fine and a copy of a 200ft restraining order. Took them all and filed for eviction. He was gone at the first hearing. Oh, as for your issue, I would also change the locks.

Posted by Matthew M, IL on Thursday, September 6, 2018