Getting Out the Crooks

Our experience has shown that the actual exchange of money for drugs is difficult to sport.  Usually this takes place behind closed doors, in garages, in the back alleys and generally in places not open to view, for the obvious reasons.  However, as we have shown in the past, you can generally tell when this type of activity is taking place on the property.  You will notice increased traffic (both car and foot), and refuse such as matchbooks, candle wax, syringes, tiny resealable baggies, and small balloons, among other items on the ground.

If you see small children on bikes who ride through your property (and you know they don’t belong there), chances are they are spotters for the dealers and looking for a place in which drugs can be sold.  You will see cars parked in the neighborhood on a regular basis, but seldom see the drivers, who are usually selling drugs close by.  All this points to the fact that you need to be aware of who is on the property and what they are doing.

The more difficult part comes when you are convinced that a certain tenant is involved in drug-related activities.  How do you get them out, even if you know for sure that they are dealing?  What steps can you take to solve the problem right now?  How do you keep the problem from spreading to other units or though the entire complex?

Unfortunately, this is a good news/bad news problem.  Probably the only good news is that if you spot the problem early enough you can correct it.  Most of the owners we meet don’t realize there is a problem until it is virtually too late.  We recently met with a very sophisticated owner who stands to lose several hundred units through foreclosure because to problem is so severe there is virtually no way to correct it in time to avoid foreclosure.  We were unable to help since the process had gone on so long, but are convinced that had he recognized the symptoms earlier, he could have corrected the problem.

The 95 Percent Solution

Our experience says the best methods for dealing with the problem are the normal eviction procedures.  We first look to see if the individuals are current in rent, if they are violating any lease provisions, area  nuisance to other tenants, or if they are creating unsafe or hazardous conditions for other residents. We have found  that in 95% of the cases, the suspected tenants are violating the agreement in a manner that enables us to give them a notice terminating the agreement, usually on the basis of unpaid rent.

Once we determine that the agreement has been violated, we proceed through to judgment and lockout.  We once worked for an owner who had started and stopped eviction procedures on several tenants at least three times.  This is a very bad habit since it shows the tenants that the owner does not have the courage of their convictions.  The problem gets worse when the tenant feels that since you won’t enforce the payment of rent, you probably won’t enforce any other clause in the agreement.  Your message to drug dealers must be that you won’t tolerate their activity at all.

As you can see, this method and the other types of eviction procedures we suggest do not openly address the drug issue.  We do this for several reasons.  The most important is that we are not law enforcement agents charged with carrying out the statutes.  Our only job is to keep the property free of drugs and keep the dealers out.  And since the person suspected of dealing has not been formally charged with the crime, convicted and sentenced, there has been no actual violation of any lease provision.  As long as they comply with the agreement they can stay as long as they want.

As an owner and manager you must be creative and look to the agreement for the solution, find the most logical reason to go to court, and be able to convince the judge that such a violation has occurred.  Our best weapon has been the non-payment of rent.  The second-best  weapon has been the 30-day termination.

Training New Managers

On a more positive note, we have been asked to teach a class for the San Diego Community College.  The subject matter will be the training of those who want to become apartment managers.  Unlike most courses which are geared toward individuals already in management, this course will  cover the basics of management.  At the conclusion of the course, the students should have the skills necessary to enter the job market on the entry-level.

We feel there is a definite need to create a greater pool of qualified individuals who want to be on-site managers.  Trained correctly and knowing what to expect, these trainees will benefit our industry in the long run.  Our main goal will be to develop those skills necessary to handle the new problems we are faced with, mainly drug and crime-related issues.

As we all know, the on-site manager is the basis of our business.  Without the proper background to deal with today’s’ problems, we as owners and supervisors have a very difficult task.  Those of you who are looking for new managers can contact us through SDAA or Management Alert (558-6418).  We will be glad to provide you with the names of those  individuals who complete our class.   

Reprinted from

Rental Owner Magazine