I had the wrong person at my house. He was charged for paraphernalia. I had nothing to do with if other than it being my home. I was also arrested. I believe I will beat the charge because he admitted that it was his. Is this grounds for eviction? Also, from my understanding, a landlord must have one working bathtub and one working shower. We have complained that there was a crack in the tub and it needed replacing. Is this with minor repairs causes for my husband and I to be evjc
Unfortunately, you can be evicted for this. One of the grounds of eviction is criminal activity. Tenants are responsible for their guests even if they weren't aware this might happen. Typically when this happens, the police were called out for a disturbance or they had been watching this guest for a while and knew drugs would be there.
As for the tub/shower...there must be 1 washing facility, not necessarily 1 of each. Unfortunately, that will not serve as a defense to this.
You have a few options
1. Negotiate with the landlord to let you stay and you agree to allow a tresspass order for this guest and that you will never let him back and will call the police if he comes on his own...this is called a partial eviction.
2. You can attempt to use the tub/shower as leverage...if you have 1 or the other, it is not leverage, i.e...as long as you can take a shower, but if you have neither, you might have a claim for damages...but it would likely not be a large amount
3. You could agree to move out before the eviction to keep it off your record.
These hearings happen even quicker than normal evictions...typically 7 days from when the landlord files, and no notice has to be given before he files...so don't delay in moving...and a conviction is not necessary for him to win
An excellent, thorough response from Attorney Love. Yes, you can be evicted for this, and generally the landlord needs to show only by a preponderance of the evidence ("more likely than not," or 51% certainty) that you and/or your guests were involved in criminal activity on the leased premises. If the landlord shows this to the magistrate's satisfaction, you are are likely to have a judgment for eviction entered against you. However, you raise a good point about working bathing and bathroom facilities, and this would likely allow you to pay a lesser amount if the magistrate finds that the landlord breached the implied covenant of habitability (codified at N.C.G.S. § 42-42), and the landlord was awarded money damages in addition to possession (an uncommon occurrence, but sometimes the landlord can win both, assuming you were personally served with the Complaint and Summons). This would lessen your money damages, but would not prevent you from being evicted if the landlord sought possession based on criminal activity grounds. While leverage in this situation is not equal here, both landlord and tenant in this situation do have some leverage, so if you and the landlord can negotiate a compromise that prevents litigation, that would potentially be best for both sides. If not, be prepared to be evicted if the landlord makes a compelling case that you and/your guest was involved in criminality while on the premises (even if you are acquitted, or your case is dismissed). Best wishes to you in 2019.
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