What to do if you think your tenant is peddling marijuana

Q: I own a four-unit apartment house a block away from a public school and suspect that one of the tenants is growing and selling pot. The tenant has kids, and the family is actually very nice. If I report him to the cops, what will happen? Will the state take my building?

A: While growing between six and 100 marijuana plants is considered a Class D crime, punishable by up to one year in prison, growing that same amount becomes a Class C crime carrying as much as five years in prison when it is within 1,000 feet of school property. If the grower has a criminal record or is in possession of a firearm, the consequences may be more serious. So, if your suspicions about your tenant are correct and he is busted, he will likely be facing some jail time, his family’s life will be disrupted, and your prospects for collecting rent from this family will shrink as their income is diminished and funds go for bail and lawyer’s fees.

For a variety of reasons, you should consult a lawyer right away. Depending upon the specific facts, your attorney may advise you to call the police and report the activity. If the authorities feel you have given them enough information to provide “probable cause,” they will use your report to obtain a search warrant. The good news is that while the government may confiscate property used in furtherance of drug crimes, this is usually interpreted as property belonging to the criminal, such as a car or boat, and will not include your apartment if you didn’t know about this activity when you took him as a tenant or knowingly protect his activities when you found out. However, failure to report a crime that you know to be ongoing could put you at odds with the authorities. Your attorney can help advise you on how to report the activity anonymously if you are concerned for your safety.

As for eviction, Maine’s laws allow a landlord to evict a tenant-at-will (no written lease) for using the rented premises for an illegal purpose. If you have a lease that does not specifically include a clause about illegal activity as grounds for eviction, it may be more difficult to evict the tenant. In addition, the court likely will recognize that the children involved are unknowing victims of their father’s crimes, and it will ensure that you as landlord satisfy the eviction laws to the letter before it allows you to evict your tenants. You will definitely want your lawyer to handle the eviction process for you, as the requirements of the law are highly technical and making a mistake could be very costly.

This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice. Questions are welcome. Just go online to AAL@mainebar.org, describe your question and note you are a BDN reader. Written questions mailed to “Ask a Lawyer,” Bangor Daily News, P.O. Box 1329, Bangor, Maine, 04402-1329 will be forwarded to the LRIS.