Legally Speaking Q&A: Gun Discharge - Immediate Eviction?

By Mark Zinman | Zona Law

Question: A resident in one of my properties accidentally discharged his weapon when he was cleaning it. I think I need to evict him, but I am not sure. Also, can I give him time to move out? 

Answer: A discharge of a weapon in a residence is not only likely a crime, but it endangers other residents around them. Therefore, we do suggest proceeding with an immediate termination and requiring them to vacate. Even though it was an accident, they need to leave, because if they stay and it happens again, you will get sued. As to when they need to leave, you are welcome to give them additional time after you serve the notice, but you cannot accept any rent after you have served the notice. If they are willing to move out to avoid the eviction, you could work with them to give more than 24 hours for them to vacate.