Legal Question in Real Estate Law in California
I have a condo and it was rented to a lady. Last Thursday, I found 4 men were arrested at the property possesing (warehousing) drugs. I do not know which law agency came and arrested them. I have not check the property yet. What do I have to do?
Many Thanks In Advanced.
2 Answers from Attorneys
You should familiarize yourself with the facts as quickly as reasonably possible. Such activities may cause you problems with your property value, with the condominium association, or with the police. In some cases, a landlord can be criminally liable for owning or managing a place where drug activity is conducted. See Health and Safety Code section 11366.5. You might start by cntacting the local police via a non-emergency telephone number and asking for a copy of the police report. You may have a duty to evict the tenant. I would avoid direct contact with your tenant, although a telephone call might be appropriate to get more information if you know her reasonably well.
I agree with Mr. Whipple in that you are going to need to get the facts. I'm not sure I would advise you to contact the tenant, as the tenant may be involved and lie about their involvement.
Under current law, a city prosecutor or city attorney may file an unlawful detainer action against a tenant based on an arrest report (or other action or report by law enforcement or regulatory agencies) if the landlord fails to evict the tenant after 30 days notice from the city. The tenant must be notified of the nature of the action and possible defenses.
You can read the statute here: http://law.onecle.com/california/civil/3486.html