Property in E. Kentucky

UPDATED: Oct 1, 2022

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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 5 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.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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