Evicted For Smell

Discussion in 'Legal Issues' started by rules, Sep 28, 2011.

  1. rules

    rules New Member

    I was given an eviction notice (along with my roommate) from my leasing office here at an apartment building complex in Pennsylvania. I have to move in five days. Their reasons are that me and my roommate were in a police report regarding the smell of marijuana coming from our apartment and that was in violation of the lease. They say they have a zero drug policy. For some reason I heard somewhere that in the state of Pennsylvania you needed to give a written warning asking for correction of the lease violation in question before handing out an eviction notice. Is this true at all? Do you fellow stoners have any quick solutions yathink?
  2. stoneygreenbud

    stoneygreenbud Super Moderator

    That is a real bummer, I dont know for sure about how PA. landlord/tenent law works, but when it comes to drugs, you just might be out the car.

    were you / your roommate, involved in a recent police report, that included the smelling of marijuana coming from your apt. ? although it might be a violation of your lease, there could be special provisions in your lease about drugs being a deal breaker .

    I know that in my state, if you live in a mobile home park, your lease has a provision that all home owners must not only follow all state laws, but that you must also follow all federal laws as well, it gives the property owners more power/control over who can be there and who cant.

    your best bet would be to contact your local housing authority and inquire what exactly your rights are at this point. but in most places, if you are being evicted, you have a right to fight the eviction, and you can respond by going in front of a landlord/tenant judge.

    Good Luck,

  3. HipsterDoofus

    HipsterDoofus New Member

    Forget about the written warning.

    If you want to delay moving, you can refuse to move. That will force the landlord into court to get an eviction order. It will cost the landlord time and money. However, the landlord will eventually get the order and you will be forced out. It's up to you whichever way you want to play it. But you should be making plans to move.
  4. rules

    rules New Member

    This is interesting. What about court costs for me? Are there any? Because IF ANYTHING, I certainly could use more time. 5 days is a ridiculous amount of time to ask a student to find a roommate / apartment in my opinion. Sigh... You know what really bugs me? The apartment has 4 members. When the police came to check up on the smell I answered the door along with the roommate in question who is also getting evicted. We gave our names while our other two roommates were home but just not at the door...I'm getting evicted for answering the door at this point...and it really sucks. ):
  5. SmokeyBear88

    SmokeyBear88 New Member

    Unfortunately, most states will side with the landlord. Were any charges filed?

    It might help if you allow them to search your apartment (after clearing out all questionable materials of course) Some of my friends did this and it allowed them to at least live out their lease, though that landlord blacklisted all of them after the lease ended. But its better than getting kicked out. Try talking to your leasing office.
  6. rules

    rules New Member

    Well, it's past the third and I'm still here. Haven't heard absolutely anything. They haven't even checked to see if I was gone. I dropped off my rent like usual and am going about as normal. The ball is in their court.
  7. alaskahnt

    alaskahnt Active Member

    i think once the check / money order is cashed by your rental company your golden.

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