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Looking at state law surrounding the eviction of tenants suspected of criminal activity, P.2

On Behalf of | Nov 28, 2016 | Landlord/tenant Matters |

Previously, we began looking at the topic of expedited eviction of tenants, which we pointed out to be the most efficient way for landlords to address situations where tenants are involved in criminal activity in connection with the leased property.  

Landlords, or their agents, have several options in an expedited eviction proceeding—they may petition for complete, partial, or conditional eviction. Each type of eviction must meet certain requirements. Partial eviction, which refers to the removal of any person other than the tenant from the leased premises, may be granted by a court when it can be proven that such individuals have engaged in criminal activity on or in the immediate vicinity of any part of the leased property. Those who are subject to such eviction may not return to the premises. 

Complete eviction involves the immediate eviction of a tenant and all other residents of the tenant’s unit. It may be may be granted in cases where it can be proven that: criminal activity has occurred on or within the rental unit; the unit was used to further or promote criminal activity; the tenant, or his or her household members or guests, has engaged in criminal activity on or around the premises; the tenant permitted or invited anybody onto the property who was not allowed to be there; or the tenant failed to immediately notify law enforcement or the landlord of the presence of an individual who was not supposed to be on the premises.

A third type of eviction, conditional eviction, is directed at members of a tenant’s household or guests who have engaged in criminal activity on or close to the property but who have not yet appeared in court for the criminal activity or who are not targeted by the eviction action itself. In our next post, we’ll look at this third type of eviction, as well as the standard of proof in expedited eviction cases, and the defenses available to tenants who are subject to such a proceeding. 

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