What to do about tenants and marajuana

[sbaTexas]

My Pest Control Guy took a picture today of what appears to be a large bag of weed  at the top of the closet he was working on at one of my rental houses.  He also said there appears to be a vacuum sealer machine.  I am not a marijuana expert so I can't really confirm from the picture, but it sure does seem like marijuana.

This is the first time Ive run across this.  Obviously I cannot confirm if it was marijuana but my guy seems pretty sure of it. How should I handle this? The lease just expired and she is month-to-month so I can always just tell her it's time to move out but am I legally required to do anything here?   Please advise on what you guys think I need to do here. By the way I'm in Texas so it is definitely not legal.

[sokoloff]

I don't think you're legally required to do anything (like dropping a dime on her or anything). You have a picture and you're not sure what it is. You can drop it there (and I think you should).

With regards to whether you want the tenant out or not, if you didn't know about the bag of unknown plant material, what would you want to happen?
Now that you have a possible suspicion, does any of that change?

It sounds like you're inclined to end her tenancy, which is fine. If that's the path you want to take, do it as normal, don't mention the picture, and part ways as usual.

[NoNonsenseLandlord]

In my multifamily properties, I would terminate the lease.  Get her out.

[Dee18]

Terminate the lease.  Federal forfeiture laws for properties being used for drug distribution are not something you ever want to deal with.

[tralfamadorian]

Terminate the lease.  Federal forfeiture laws for properties being used for drug distribution are not something you ever want to deal with.

+1

In a nearby town to me, a SWAT team broke down a front door during a raid of a house where someone was dealing marijuana last year. You don't want to deal with that. Time to move onto another tenant.

[Capt j-rod]

I put in my lease that there is a zero tolerance rule for any and all drugs. If found or suspected it is an immediate termination of the lease and the authorities will be called. I am a good steward to the neighborhoods and I take better care of my property than the surrounding home owners. The last thing I want is someone selling that trash to my neighborhood kids. Tell her you need to follow up on the exterminator's work and try to see it first hand. Then document it with pictures and give them the option of leaving on neutral terms immediately or dealing with the authorities. Do not let your investment gain that reputation as being a drug house.

[KarefulKactus15]

Terminate the lease.  Federal forfeiture laws for properties being used for drug distribution are not something you ever want to deal with.

I'm no lawyer but a quick read on this is frightening.  Apparently you *had* an "innocent owner defense" before this was brought to your attention , but now you have reason to suspect illegal activity is taking place and are no longer protected from property seizure. 

[J Boogie]

large bag of weed
vacuum sealer machine

Yes, absolutely terminate the lease.  They are definitely selling marijuana.  I've known several people who have sold marijuana (beyond the casual selling to a couple friends) and it did not end well for any of them - if you're foolish enough to engage in a marginally profitable enterprise with high risk, you're typically not on-the-ball enough to do all you need to cover your tracks.  Case in point the photos your pest control guy sent earlier.   Raids are not all that uncommon and with Sessions I imagine they'll probably be more common than before.

[B_M]

If I found a bag of weed in one of our rentals I'd be tempted to raid it (her stash that is - not the property) and that would be about it. I'd also be wary of jumping to conclusions about what it is. My mate found a bag of white powder above the cooker in a holiday rental (it was Ibiza, so a fair enough assumption) but ended up test snorting baking powder. Funny none the less...

If that's your only issue with the tenant I'd chalk it up as a good one.

We're in London though.

[TimmyTightWad]

I think it's up to you really. I was unaware that landlords could lose property in instances like this but I imagine it would be hard for them to prove that you knew. Maybe research that and assess those risks vs. losing a stable tenant who likely will always be on time with the rent. Marijuana dealers tend to be lowkey and I doubt the feds are on her unless we're talking big bags (trash bags) here.

[hucktard]

Probably half of all rental properties have a bag of weed in them. Are they a good tenant? If they pay rent on time and don't make troubles I would just forget about it. Tenant turnover is expensive and a pain in the ass.

[CNM]

I'd terminate the lease.