Notice to Quit (for Illegal Activity)

What Constitutes Illegal Activity?

Illegal activity can refer to actions that violate local, state, or federal laws. These actions not only endanger the safety of other tenants but can also expose landlords to legal and financial risks. Common examples are:

• Drug use or distribution
• Harassment, verbal abuse, or threats of violence
• Prostitution or allowing related activity on the premises
• Theft or harboring stolen property
• Illegal firearm possession or use
• Fraudulent lease application

Activities involving marijuana may be legally protected in some states. Some states allow eviction for illegal activity not on the property, mainly if the lease includes a clause requiring the tenant to refrain from criminal behavior on and off the premises.

 

How to Evict a Tenant for Illegal Activities (Step-by-Step)

Step 1: Identify the Signs of Criminal Activity

Landlords can face severe punishments for permitting illegal activities on their rental property. Although tenant screenings are helpful, it’s critical to understand the signs of criminal activity, including:

• Frequent visitors at odd hours
• High utility usage (possible drug operations)
• Suspicious odors (drug manufacturing)
• Loud arguments, violence, or frequent police visits
• Neighbor complaints

 

Step 2: Consult a Legal Professional

Consulting an attorney is wise if a landlord believes a tenant is engaging in illegal activity. Eviction of unlawful activity can be complex and state-specific. A lawyer can:

• Confirm if the situation qualifies under state laws
• Ensure the notice and documentation are legal
• Ensure the tenant’s legal rights are upheld

 

Step 3: Collect and Document Evidence

Substantial evidence is essential for eviction. Landlords should gather everything related to the tenant’s activity:

• Utility records (showing abnormal usage)
• Photos, videos, or written complaints
• Police reports or arrest records
• Emails or texts involving the suspected activity

This documentation can protect the landlord if the eviction is contested in court.

 

Step 4: Complete and Serve the Notice to Quit

Once you have sufficient evidence:

• Follow our state-specific eviction notice
• Clearly describe the unlawful activity
• Include the date, property address, tenant name(s), and termination timeframe
• Follow state laws for delivery, often requiring certified mail or personal service with a Certificate of Service

 

Step 5: Wait for Compliance or Proceed with Eviction

Most states treat illegal activity as incurable, meaning the tenant must leave and cannot “fix” the issue. Once the notice period ends, the landlord can file a Complaint and Summons in housing court if the tenant hasn’t vacated.

 

Key Takeaways

• Illegal activity on the premises is often grounds for immediate eviction.
• Evidence and proper documentation are critical.
• State laws vary, and some require notice periods before filing for eviction.
• In most cases, illegal activity is considered incurable, and the tenant must vacate.
• Legal advice is recommended to ensure compliance and avoid liability.

 

State Laws