2007-07-05 13:42:30 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, if you can prove the owner KNEW his tenant was a drug dealer. Please remember though, you are talking about filing a civil suit (burden of proof is, "more likely than not") to try to stop a criminal act (burden of proof is, "beyond a reasonable doubt). The jury will ask themselves, "If you knew this was a drug dealer, why didn't you just call the cops and put him in jail?"
Also, the question becomes, "What damages do you have?" The jury will look on you as trying to get money when you haven't been hurt that much. If you didn't call the cops, you didn't take care of yourself. Why should they take care of you by awarding you anything?
Usually, the damages are a diminished real estate value. The problem comes in when the defense shows this a drug riddled neighborhood. Your property values will be shown to have already shrunk when the drug dealer moved in. Your lower property values were already existing when he came. He may be a drug dealer, but lower property values weren't his fault!
Also, there is the problem of retribution from the drug dealer. Most drug dealers are also users.
Users know they have no future. They have tried to quit, but the physical addiction is too strong. They are facing jail or death, and they MUST have their drugs,
If you want to know how strong that need is, go without eating for three days. I'll bet you will kill for food. Likewise, THEY will kill for the ability to keep using drugs, because their urge is much stronger than your hunger.
Don't sue them (or the landlord who may be unable to evict a drug-dealing tenant he hates). Call the cops. Ask them to get videotapes of the drug transactions (but not from your house - - the video will show the location). The cops should be able to solve your problem because they are always looking for arrests.
Good luck!
2007-07-05 14:28:06 · answer #1 · answered by gkutzgar 2 · 0⤊ 0⤋
Generally not. But if you can prove the owner had knowledge that the person was an active drug dealer and conducting business from the owner's property, then yes. You will have to establish that you were damaged in some way by the owner's actions however.
The alternative is simply informing the police or criminal investigation department. This would initiate a criminal charge against the drug dealer and maybe involve the property owner if it was determined he was a conspirator in the operation.
2007-07-05 14:29:23 · answer #2 · answered by Wyoming Rider 6 · 0⤊ 0⤋
No. You can report to the cops that there is a drug dealer living across the street from you--but you'd have to have enough solid evidence to make it stick (and then you'll run the risk of retribution by either or both the drug dealer and the property owner). If you can make a case against the drug dealer and have solid evidence that the prop. owner knew and allowed the drug dealer to be there, you can press charges against the prop. owner as an accessory--but you'd have to have a lot of evidence. You can report it to the cops--they may or may not go see if it's true.
2007-07-05 13:52:31 · answer #3 · answered by Inundated in SF 7 · 0⤊ 1⤋
If the owner is aware of the drug dealer, the answer is yes. Even if the owner DOESN'T know, they can be sued. The owners are responsible for what happens on their property.
Has the dealer's activities been reported??
2007-07-05 14:07:29 · answer #4 · answered by Debra S 3 · 0⤊ 0⤋
That's a stretch, but you might be able to sue under a theory of Nuissance. It has been done before. Go see a lawyer in your area.
2007-07-05 14:18:16 · answer #5 · answered by cyanne2ak 7 · 1⤊ 0⤋
report this to the police. No, though.
2007-07-05 13:50:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
absolutely, have done several times successfully
2007-07-05 13:54:42 · answer #7 · answered by tx1942txx 4 · 1⤊ 0⤋
no
2007-07-05 13:46:51 · answer #8 · answered by Richard 3 · 0⤊ 0⤋