How do I go about getting an immediate eviction?

UPDATED: Jan 4, 2013

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How do I go about getting an immediate eviction?

My tenant was arrested for having an illegal substance, marijuana, in my home. I do not feel safe having her in around my home I have a 9 year old daughter I fear that she could be taken away from me because of my tenant’s illegal activity. She has not been staying at the house her belongings are there…she stops in occasionally to get belongings and leaves. She is also 3 months behind in rent.

Asked on January 4, 2013 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The quickest form of eviction is for nonpayment of rent: you can file it immediately and (hopefully) get a court date in 2 - 4 weeks. To hedge your bet also:

1) If this a month to month tenant (which includes if there is no written lease), give her a 30-day notice terminating her tenancy; that way, even if she comes up with the unpaid rent, you can then file to evict because you have terminated her tenancy.

2) If she's not a month to month, check your lease; if she has violated any terms, give her a notice based on that violation, to again have a second ground for termination in the works.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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