Property in E. Kentucky
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Property in E. Kentucky
We 4 siblings have a house in E KY., a family wanted to rent
the house, the siblings agreed, the parties could move in the
house and the other siblings would get with them to sign a
lease, said the could move on in and they would drive the 4
hrs. to get signatures and check the property.
They have since found that they are drug dealers,, they’ve
been in there about15 hours. If they refuse to leave the
property, what recourse do we have?
Asked on September 14, 2017 under Real Estate Law, Kentucky
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can only evict them for:
1) Breach of the lease: if they violate one or more terms of the lease and not correct the violation within 14 days after being provided a notice to "cure" the breach.
2) They cause damage to your property.
3) They fail to pay rent.
4) The lease has expired, or it is a month-to-month lease (including on an oral, or written lease) and you have them a month's notice terminating their tenancy.
If you believe any of the above has occured, contact a landlord-tenant attorney about helping you remove them: you have to go through the court system in your state to evict tenants, so you should get a knowledgeable lawyer to help you (and which will also provide a "buffer" between you and the drug dealers). Landlord-tenant law is "technical": not providing the right kind or length or notice forces you to start over, so let a lawyer make sure you do this right from the start.
But if they are not doing one of the above, you cannot evict them simply for being drug dealers, unless they are section 8 tenants (subsidized by section 8) and you are using the standard section 8 lease, which makes drug possession or drug crimes on the property grounds for eviction of subsidized tenants. (And if so, again, bring the case to an attorney to hel you.)
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