DEALING WITH DRUG USE FROM TENANT

I have a tenant that sits outside of his apartment and uses marijuana. In Louisiana, where I am, this is illegal. Though no one has complained about it, it is still a HUGE issue for me. This is not the image I want for my property. The lease does not state anything about eviction for the use or distribution of illegal substances. Is there a way that I can evict this tenant without anything about it being in the lease?

You say that your lease doesn't specify that you can't use drugs - amend your lease!! Further, check and see if your lease has any condition about following all applicable laws, that's fairly standard in a lease. If it does, you can evict on that.

Using marijuana is a federal crime, it doesn't have to be in your lease. When you know the individual is using in public, call your local 911 and report it. Use the resulting police reports as a reason to evict or nonrenewal.
As Julia F stated, I would amend your lease as soon as possible to protect the reputation of your property.

Thank you! I am all for updating our lease, there is ALWAYS room for improvement. However, my bosses have an issue with letting me do anything! It is almost like anything I see fit for bringing the property up they refuse. How can I help them understand my point of view so we can make this place a home for tenants rather than a place to "stay" for a month?

Getting your residents to love the property and renew is a huge step towards creating a wonderful community. Not only does the quality of the complex begin to speak for itself, the company will save money on turning a unit every year. At our complex we have many residents that have been here 5+ years, and a small handful of 10+. Myself and the property manager also live in site, which says volumes about how great it is to live here.
Policies and product help define what you expect out of your property and the people that live there. Creating a home for people will change how the property is viewed in a positive way. Long term tenants are a key factor is gaining a great reputation. Within a few years a property can go from constant turns to waitlisted applicants. Being the type of property where people are willing to wait six months just to move in feels pretty darn great.
These reasons alone are enough to change policies or enforce current ones.
Your manager should be ready and willing to do what it takes to maintain the reputation of the property.
My recommendation for this particular case = non renew. Its easier than police calls and the eviction process.

Tell the owners no one wants to pay more rent living next to a criminal using drugs. I would bet everyone talks about how the landlord lets people sit outside and use drugs on the front porch in broad daylight. That reputation will get around quickly in the community and in the city. It's hard to recover from a a bad reputation of having drug problems.

Sandy, you couldn't be more right!

The area we are in is one with a HORRIBLE reputation! It is no longer as rough an area as it used to be but the only people that know that are the ones from the area. Anyone from the surrounding city won't even take the time of day to talk to me.

How do I approach the owners about the situation in a way that may change their minds?

I am all for doing whatever I need to so that the property can progress. Though it is difficult to be here at times, I do love the property and my tenants. I have put my heart and soul into this place.

What kind of owner doesn't care if his property's tenants are openly using illegal drugs? How well do you know your Residents? Were they all in place when you were hired? My first goal would be to change how the Residents view the community and I would start by implementing a Neighborhood Watch program, which means you will have direct access to the local police officers assigned to oversee the NWP. Once you get to know the police, you could ask for his help and assistance in getting this tenant's behavior under control. (Notice, I say "tenant" and not Resident? The term "tenant" shows a less committed attitude by the people who live there. Start referring to those who live there and follow the rules as Residents. It is a subtle difference that might spark a change.)

If you develop a relationship with your Residents, those who truly care about the place, then they may begin to "police" the others, too, and the unwanted behavior will lessen as long as EVERYONE knows you care and are committed to the property, too. Plan some Resident Activities and make sure you do walk the property throughout the day. Talk to people.

If you know the offender well, you might try talking to him and letting him know that smoking outside is unacceptable and if he must do this, do it off-site. If he continues to cause this disruption and you feel your Owner does not really want you to evict, then do not renew his lease. If you lean toward this direction, then I would definitely document the offending behavior as a Notice of Illegal Activity letter and document the file. It is my opinion that you don't want to be challenged as some kind of discrimination when you decide not to renew. You want something in the file that gives a clear and accurate reason as to why you cannot renew his lease. (Police reports would be preferable!)

Most of my tenants were inherited, some of them very good tenants.
My bosses refuse to let me non-renew or evict. They are borderline desperate, I think. I did tell him to take it off site but he refused and my bosses instructed me not to notify the police. I feel a deep concern for this property.

I guess now my question is, how do I go about doing the right thing for the property if the owners are constantly going the other direction?

Is there anything in the lease about disturbances? Clearly the behavior is disturbing. Also, if it is illegal, you could always call the police. If they catch him doing it he could be arrested.

Our rental agreement states that it's against the terms to disturb their neighbors enjoyment. So whether it's smoke, music, stomping, it all falls into the same category.

The lease states that tenants are to conduct themselves in a manner that is not disruptive or disturbing to their neighbors. With that being said, none of their neighbors have complained of it. I wanted to call the police but the owners advised me not to.

I feel as if I am stuck between doing what is right for the property and obeying the owners wishes for their investment.

I don't know what the laws are for your area, but ours allow us to send a letter for such behavior if it is disrupting the neighbors. Usually, they deny ever using an illegal substance. After a complaint is placed, I contact undercover narcotics at our local police division and they usually check it out for us. I would check with your local PD and see what can be done about confirming the situation. Best of luck to you!

Tia, you are in a tough position: do you play by the Owners' rules/wishes, or do you do what is right for your community? One thing you might consider is simply working within the confine of the rules, but ALSO leading by example. Owners fear high vacancy and no money coming in monthly. They worry that rocking the boat will be detrimental to their bottom line. Sometimes, as managers, we have to change the picture for them. We have to market the community, make sure maintenance is completed, update the curb appeal, and subtly begin educating the residents on expectations. Once you begin attracting some decent tenants and you start renting empty units, the Owners will start trusting your instincts. Then, you can revise your Community Policies and Procedures and have these re-signed at renewal time, and the Owners will be more supportive.

At least this is the way it is supposed to work. But it does take time, a good 6-12 months is needed to really start to swing a property in a better direction.

However, IF your Owners reject all attempts of your getting a "handle" on bad apples, then you would need to search down deep and decide if you want to continue with Owners who are not willing to work together to improve the property. Maybe I am hardheaded (yes, I know I am)but either the Owners trust my experience, or they don't. If they don't then I walk. I know what it takes to turn a property around - it takes a lot of personal time, dedication, thought, planning and execution and for me, I need to know we can work together to build something that will last ...

Mindy, thank you so much for your insight. I think that they doubt me because I am relatively young, I am 21.In my defense, I am a very dedicated 21 year old, 2 semesters from my bachelor's degree in business, and I have turned a property around for them once before. This is our smallest property so I think that they are just scared.

The issue with confining my judgement of things to the specified rules in the lease is that there have been so many different leases used on this particular property (they have had several managers in the past couple of years). I know I have what it takes to turn this place around. At one point, I had this place 97% occupied, QUIET, and collections were good. I don't know why there are being so tough at this moment but I am going to do my best to work with them. I have put too much of my heart and soul into this property and my tenants to just walk away.

I can respect that. And everyone is different in his perspective and experience. Even though there may have been many different leases used, as a Manager, you will always pull each person's lease to see what it "says" until you implement the use of one approved document (which is why many people use the NAA Lease.) However, your Owners hired you to do a specific job and they need to let you do it - together you can solve the problems but I suspect your Owners are more than "just scared." Hang in there then; problems sometimes have a way of getting sorted out.

The owners just hired a new Regional Manager and she seems to be able to put things in perspective for them. Over the past few days I have been able to do my job and take on the property. Hopefully this continues.