State Specific Question About: VIRGINIA (VA)

Hello, I own a rental property in the state of VA. There are 4 single guys living in there. This evening one of the 4 guys called to tell me the other tenant *could* be smoking some illegal substance. There is no actual proof but the other 3 guys are very sure. "He has a packet that he received from CA" etc etc. In fact, this guy who called is not planning to renew the lease because of that reason ("it is not healthy to stay in the place").

There is a specific clause in my lease abt illegal use (I used the lease documents provided by Landlord.com). How do I approach the tenant - the other 3 guys are very good and I do not want to lose them. But, I do not have a proof. His lease is not up for another 6 months!

Thanks. But I am hoping to address this without too much of a mess for 2 reasons -

1) I dont want the non-smoking tenant to think all of this is too difficult (cops, reports etc) and leave the place - not renew the lease next month. He is very good and I dont want that. And, to make matters worse the other guys are his cousins and I am pretty sure they would all leave - putting my monthly rent at risk!

2) And, the "smoking tenant" is pretty young and a government contractor and all. I don't want to mess up his career either.

So, is it legal to ask him straight up if he smoking and ask him to vacate the place? The problem is what if he says no? How do I verify?

Xanadu,

If you really knew how many of your residents were smoking MJ you could not sleep at night.

It is very common. It's EVERYWHERE.

Locally, our police do not even chase it because that would fill their entire week.

As a LL, you do not have an MJ problem, you have a roommate problem. It's thru problems like this they learn to cooperate.

Since #1 confided in you, suggest he resolve this with his roomies directly.

He can remind them about non-smoking lease and anything illegal could get them all in trouble.

I suggest a form letter to the HOUSE, reminding them that MJ and other illegal substances are grounds for eviction.

As far as point #2 - messing up his career. You are not the Momma. He knows the risk. If he's silly enough to flirt with danger he should not deserve the privileges afforded him.

My nose must suck. My wife and I thought one set of tenants were overdoing it with the air freshner and scented candles. I had a contractor go with me one day and he was like "wow that guy didn't even try to fan out the weed air when his LL came over."

Thanks. Is there an easy way for me to verify he is smoking inside the house? And, if I can prove that, I want to serve him eviction notice. I know what others are saying but I don't feel good he is doing that inside my property. And, I feel like I have to act on it when one of the tenants is not renewing the lease for this reason.

The way I see it is, you can either tip toe thru the tulips as your doing now,

or send them a one way ticket to Xanadu. What"s it goanna be? The best

choice would be to run your business like a business. Look in the mirror

and repeat after me..... I am the owner of a real estate business and I'm

in control of it and my destiny! Sorry for the truth.

Thanks Amy and I agree with you. I thought I am treating it like a business. Retaining the other 3 guys is important to me - they have been good tenants and one of them is leaving because of this. And, thats why I am struggling. So, this is what I am planning to do. Is any of this illegal -

*************

Honestly, I would just talk to the guy and ask him. Sure, he can lie, and then you'll have to decide what to do, but he might not lie and you might just be able to resolve this without things getting too crazy.

I agree that the roommates should address this themselves but they have no authority to terminate his tenancy, YOU DO, which is why I would suggest you have the talk with him instead of your tenants.

Thanks SMB. That is similar to what I am thinking. I will ask him on Saturday and there are 2 things that can happen - he either says "yes, I was smoking and I wont do it again" or "No, I wasn't smoking".

And, immediately after that, I will setup a quick "house meeting" and -

1. if the guy said yes, easy decision - I will terminate his lease and let everyone know that in that meeting.

2. if the guy said no, I will remind everyone of the lease and contractual obligations and tell everyone that they should contact the police next time they suspect something. And, I am not responsible anymore. Hopefully that should put some fear in the guy and should stop. If he continues after that, I will have to figure it out.

as long as he is not growing it who cares.

unless he's dealing it...really...who cares.

in calif everyone has medical marijuana scrips so they can claim medical status but it's in my lease that they cannot grow dope under any circumstances.

remind him that cigarette burns in the carpet are NEVER considered wear and tear.

...and tell his roommate that narcs are rats.

I'm another one who says "who cares". Tell them all collectively, in writing, that illegal activities, including smoking dope, are not permitted. Let them deal with each other. Or, convince the smoker to leave ... with cash.

the guy isn't going to "confess" anything to you - why do you think he would?

what do you mean "make him explain"?

Short of "catching him", there is nothing you, nor the police, can do.