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Old 02-06-2010, 11:27 AM   #21
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^^ Not generally. The general rule is there is no tattle-tale rule.
True, but that's not universal across the country. I worked in one of the few (maybe only) federal districts where Misprision of Felony is alive and well. Limited in scope, and certainly mere knowledge of the existence of a crime would not be prosecuted, but we did use it. I don't think that OP has to worry about that, given the stated lack of involvement.

Rich, I do know that certain professions have an increased responsibility that could subject them to misprision prosecutions. We made a certain ER doc's life miserable once after he made a poor decision regarding some evidence that was secreted inside an orifice of some crook. He didn't do anything other than suggesting and then allowing the crook to dispose of the evidence herself, but that had the US Attorney so pissed that he was going to prosecute the guy. It worked out in the end, mostly because it would have been a distraction from the stuff we were working on, but not before the AUSA made him sweat for a couple of months.
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Old 02-06-2010, 11:37 AM   #22
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It worked out in the end...
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Old 02-06-2010, 11:41 AM   #23
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Ha! Hoisted by my own petard.
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Old 02-06-2010, 11:47 AM   #24
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soooo...how many times have you smoked with this guy? lol jk (not really)

if you dont like it, you're the boss. he wont want to cause a stink (no pun intended)

if you do like it, make him give you some
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Old 02-06-2010, 01:52 PM   #25
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clifp: In CA, you would be considered renting a room in the house you live in, hence standard landlord-tenant laws don’t apply, but special ones do. A good fast way is to join you local landlord or investment real estate association and network around. I hope your rental agreement with him is written and is month-to-month with a substantial security deposit. I don’t know what the going room rental rate in your area is, but in CA it runs from 650 to 1200, depending on the area. If this is true for your Hawaii area, then you are renting to him at below market rates. Assuming this is not an under the table rental, if IRS audits you, they may impute a fair market rental rate to you as rental income. Then bill you for unpaid taxes. As a landlord I try not to rent below fair market levels and certainly not as much as you seem to be doing. So to get rid of him, I would change the terms of the rental agreement. I would jack up the rent to fair market rates. Remind him that he was accepted in part because he was employed and had a steady income source, which isn’t the case now and that he needs to get one. Mention to him that he is having too many visitors over way too often and you believe it will soon cause neighbor complaints. Given that he is smoking pot you really don’t want to draw that attention to your self. So you tell him how many visitors he can have, when and for how long.

In CA, for a home room rental, you don’t have to go to court, just move his stuff out and change the locks.

Good luck.
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Old 02-06-2010, 03:40 PM   #26
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My father kept his old house as a rental. One time, a tenant of his kept a bedroom locked with padlocks and had the blinds drawn shut. This tenant in his late 30s claimed to be on SS disability due to epilepsy, and was soft-spoken, hence my trusting father at first believed his story that he kept a lot of cash and valuables locked up in that room.

After a while, my father got suspicious and gave him an ultimatum that the room be opened for inspection. On the day of inspection, my father got to the house to find out that he moved clean out overnight. That room was empty, except for a bit of potting soil spilled on the floor. In cleaning up the house, my father scooped up that soil and dumped it in the corner of the back yard. Guess what sprouted and grew there a month later?
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Old 02-06-2010, 03:57 PM   #27
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Cliff, I think you need to get this tenant to move on somehow.

You might be getting rental income on a monthly basis, however how much will it cost you in legal fees if somehow you get caught up in his illegal activities?
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Old 02-06-2010, 04:06 PM   #28
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Thanks all, lots of good advice, even if it isn't exactly what I wanted to hear. We are on a month-month rent and Hawaii law requires a 45 day notice (although only 10 days for illegal activity). As I said in my OP I am getting 8800/month $700 in rent (fully declared on income tax along with depreciation.) and $100 for shared utilities. The income while not critical to my lifestyle is non-trivial and not easily replaceable. Especially since it took almost 4 months to find a renter this last time, despite lowering my roommate standards and the rent.

Leonidas unfortunately outlined exactly the potential drama that I really want to avoid. He has complained about being broke, but still has made trips to the mainland and isn't eating rice and beans. So where money comes from is a mystery and the potential for drug dealing is a real concern. Of course I paid rent for several years with no job, maybe he is an early retiree .

I think Doug's advice about having selling the house or having a friend or relative like my mom move in is probably the way I will handle it.
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Old 02-06-2010, 04:11 PM   #29
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So where money comes from is a mystery and the potential for drug dealing is a real concern. Of course I paid rent for several years with no job, maybe he is an early retiree .

I think Doug's advice about having selling the house or having a friend or relative like my mom move in is probably the way I will handle it.
I was thinking about posting a joke about him being an LBYM pot smoker...

Sorry we worry you.

Yes, there is no need to antagonize him.
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Old 02-06-2010, 08:35 PM   #30
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My father kept his old house as a rental. One time, a tenant of his kept a bedroom locked with padlocks and had the blinds drawn shut. This tenant in his late 30s claimed to be on SS disability due to epilepsy, and was soft-spoken, hence my trusting father at first believed his story that he kept a lot of cash and valuables locked up in that room.

After a while, my father got suspicious and gave him an ultimatum that the room be opened for inspection. On the day of inspection, my father got to the house to find out that he moved clean out overnight. That room was empty, except for a bit of potting soil spilled on the floor. In cleaning up the house, my father scooped up that soil and dumped it in the corner of the back yard. Guess what sprouted and grew there a month later?
I was just having a funny fantasy today....when I'm really old, if it gets to be too much for me to keep up my house and garden, maybe I'll move into a two-bedroom apartment or condo, put grow-lights all over the ceiling of one of the bedrooms and make it my garden. I am just imagining the faces of the police officers when they come to investigate what I'm doing with all those kilowatt-hours and find my little paradise with the scented orchids hanging on the walls and tree ferns up to the ceiling and the little spring bubbling up in one corner and the African violets (my favorite) blooming like mad everywhere and trompe l'oeil photo wallpaper that make it seem much larger than its actual size and maybe even some colorful exotic birds flitting about the room.....
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Old 02-06-2010, 08:44 PM   #31
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OK!

May I suggest putting a strong lock on the door to raise the officers' expectation even more as they wait for you to open the lock, while stumbling for a minute or two of course.
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Old 02-06-2010, 09:14 PM   #32
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OK!

May I suggest putting a strong lock on the door to raise the officers' expectation even more as they wait for you to open the lock, while stumbling for a minute or two of course.
An excellent suggestion, and to make the circumstances look extra suspicious, maybe I should ask to see their search warrant and insist on phoning the courthouse to make sure that the judge who signed it actually exists.
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Old 02-06-2010, 10:41 PM   #33
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Maybe let him know that your cousin, the DEA agent, will be coming to live with you for a few months and you'll need the room.

Once he's out--maybe consider chopping a hundred or so off the rent to get more folks applying for the room? You wouldn't have to make any concessions on the illegal activities, you could get someone with steady income, and a tenant who knows he has a "good deal" is unlikely to make waves.
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Old 02-08-2010, 03:43 PM   #34
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Don't know Hawaii drug laws - here in Oregon all manner of folk get medical marijuana cards, which are a worry for me - i don't allow smoking in the apartments though, so that helps - did have one card holder set up a grow area in his closet, which I didn't care for - moved him on down the road. One thing that is of big effect in severity of cop-hammer is how close any day care or school is to the busted area - here it's 1000 feet I believe, check local codes. If you are at the end of an untraveled road, home mostly, it's just smoke, no schools nearby, otherwise zero problems... in your place i might let things drift. Have never found it to be good to indicate to renters that I was fine with them smoking up the joint (ha!). I require that they respect my authori-tie. I can't see them breaking the law. Sharing a house is a different matter - more problematic.
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Old 02-08-2010, 05:23 PM   #35
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Give him the boot ASAP. You need a drug bust at your place like a hole in the head.
Do it gently, using some "legitimate" reason like the "needy relative" idea I saw in another post. Definitely do not renew the lease.
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Old 02-09-2010, 05:56 AM   #36
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I wouldn't want his friends over all the time. Sometimes is ok, but it can't be like they live there too. Other than that I would tolerate the pot probably, but the dude needs to find a new job.
If he had trouble paying the rent I would kick him out after giving him a chance.
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Old 02-09-2010, 09:16 AM   #37
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"I turned away self-employed people because I frankly didn't want to folks hang around the house all the time. So I am not thrilled that I don't have the house to myself more."

It sounds like he may be "self-employed" already....
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Old 02-09-2010, 09:18 AM   #38
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But some self-employed jobs pay better than others...
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Old 02-09-2010, 05:03 PM   #39
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soooo...how many times have you smoked with this guy? lol jk (not really)

if you dont like it, you're the boss. he wont want to cause a stink (no pun intended)

if you do like it, make him give you some

HEY thefed!. Im looking forward to more of your remodel postings btw. Grab another to do.
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Old 02-12-2010, 04:17 AM   #40
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Well I did a bit of snooping. (I have enter his room to do laundry) and I noticed on his desk there were three books. (The guys isn't much of a reader). One of the books was a indoor growing, and the other two were about agriculture.. While I guess in theory he might want to help me with my badly neglected garden . The attractiveness of growing pot on the state land that is adjacent to my house is pretty obvious.

I told him my mother is going to spending several months with me in the spring and due to her mobility would need to use the downstairs unit. He was very cool with the whole situation so that is a relief. There is even a decent chance that a friend of my former roommate who is moving from California may rent. So I may end up with a better situation.
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