---
kind: "range"
citation: "24 C.F.R. §§ 5.858–5.861"
title: "24"
from: "5.858"
to: "5.861"
count: 4
url: "https://uscodex.org/cfr/24/5.858..5.861"
---

# §5.858. What authority do I have to evict drug criminals?


The lease must provide that drug-related criminal activity engaged in on or near the premises by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control, is grounds for you to terminate tenancy. In addition, the lease must allow you to evict a family when you determine that a household member is illegally using a drug or when you determine that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.


# §5.859. When am I specifically authorized to evict other criminals?

- (a) **Threat to other residents.** The lease must provide that the owner may terminate tenancy for any of the following types of criminal activity by a covered person:
  - (1) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or
  - (2) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises.
- (b) **Fugitive felon or parole violator.** The lease must provide that you may terminate the tenancy during the term of the lease if a tenant is:
  - (1) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or
  - (2) **Violating a condition of probation or parole imposed under Federal or State law.**

# §5.860. When am I specifically authorized to evict alcohol abusers?


The lease must provide that you may terminate the tenancy if you determine that a household member's abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents.


# §5.861. What evidence of criminal activity must I have to evict?


You may terminate tenancy and evict the tenant through judicial action for criminal activity by a covered person in accordance with this subpart if you determine that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying a criminal conviction standard of proof of the activity.