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My tenant has been arrested for drug dealing, this is a single family home that I rent out in Osceola county fl.

Kissimmee, FL |

I have asked her to leave, she refuses claiming she has done nothing wrong. Can I evict?

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Attorney answers 1

Posted

Do you have a written lease? Most leases have clauses which require a tenant to adhere to laws, etc. and violation of those laws could be construed as a breach of your lease agreement.

Was your tenant dealing drugs from the house? The reason I ask is because Florida Statute 83.52 requires a tenant to: "Conduct him/herself, and require other persons on the premises with his/her consent, to conduct themselves in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace."

If the tenant has breached any terms of the written lease and/or the above requirement, you may be able to undertake actions to evict the tenant. If I were you, I'd consult a local landlord/tenant attorney in your area to make sure that, if you are trying to evict this tenant, you have (1) proper grounds to do so and (2) that any eviction is carried out properly and in accordance with the law.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

Asker

Posted

Yes I have a written lease it does not specifically mention illegal drug use but states about not disturbing and improper conduct, etc.. apparently marijuana was delivered via ups and she signed for the package, which resulted in the police immediately entering the home and her being arrested. Apparently they have been monitoring her activities for a while