Drug use in your rental property

[Nick C.]

I have just been made aware by tenants of my fraternity house that people that don't even live there will bring illegal drugs (not weed, much worse), supply them to a couple tenants and do them. I do not tolerate this sort of drug use in my house but before I go and bring in law enforcement is there anything I should do? Am I liable for any of this drug uses once it's occurring in my house? Has anyone been through this and how did you address the problem? On a side note: a house wife eviction is not possible. It is a fraternity house that I was a part of when I was an undergrad and the alumni club would not allow me to kick the entire fraternity out. I must address the trouble makers.

[Samir Shahani]

You are not liable for someone else doing drugs. Always protect yourself through insurance and an LLC.

Regarding the specific question - seems like you answered it already. If you can't deal with it, call the cops.

[Ray Harrell]

"someone told you" that there are drugs? That's hearsay and will not stand up in court. Imagine if you call the cops and they show up and there are no drugs! Here is what I say...do they pay rent on time? Do they keep the property up? Are they respectful? If so, who cares if they do a lil coke! That's their personal thing. Some of you should have opened a day care rather than a rental property!

[Donald Howaniec]

Sorry but I don't know how to use the@ function. To Mr Harrell: Illegal drug activity draws bad characters who don't give a damn about other people. These are the punks in the city of Chicago that shoot 8 year olds sitting on their front porch. You will not be successful as a landlord unless you weed these people out. (No pun intended) I not talking about recreational use if drugs, I'm talking about distribution. To the gentleman that asked what to do, read your lease, I'm sure it says something about using the premises for illegal purposes. Get them out.

[Deanna McCormick]

Get a Crime Free / Drug Free Addendum and make them all sign it.. See attached . then give notice of HIgh traffice to tenants,, basically letting them know your watching. If activity continues, notify your safe officer that your concerned about drugs and ask them to do drive by.. If you smell pot write up a notice of eviction for cause,, but get this addendum signed first.. and don't wait another day to do it.

The high traffic is basically people coming and going at weird hours and simply write up a lease violation for that asap even without the crime free addendum the activity has to stop or you will file eviction for cause. 

 CRIME-FREE/DRUG-FREE

ADDENDUM HOUSING AGREEMENT

In consideration of the agreement for housing the Owner and Agent and Resident agree as follows;

1.Resident, any members of the resident’s household or a guest or other person under the resident’s control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises. “Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, USE, or possession with intent to manufacture, sell distribute, or USE of a controlled substance (as defined in Section 102 or the Controlled Substance Act (21 U.S.C. 8002) or possession of drug paraphernalia.

2.Resident, any member of the resident’s household or guest or other person under the resident’s control shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the said premises.

3.Resident or members of the household will not permit the dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household.

4.Resident or members of the household will not engage in the manufacture, sale or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises, or otherwise.

5.Resident, any members of the resident’s household, or a guest or other person under the resident’s control shall not engage in acts of violence, or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the housing agreement that the other wise jeopardizes the health safety or welfare of the landlord, his agents, or tenants.

6.VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE HOUSING AGREEMENT AND GOOD CAUSE FOR TEMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and material non-compliance with the housing agreement.

It is understood and agreed that a single violation shall be good cause for termination of the housing agreement. Unless otherwise provided by law, proof of violations shall not require criminal conviction, but shall be by the preponderance of the evidence.

7.In case of conflict between the provisions of this addendum and any other provisions of the housing agreement, the provisions of the addendum shall govern.

8.This Housing Agreement Addendum is incorporated into the Housing Agreement executed, or renewed this day between the Owner, or Agent, and Resident.

MANAGEMENT RESIDENT

Agent

___________________________________ _____________________________

BY:________________________________ _____________________________

Date Signed:_________________________ Date Signed:___________________

Resident(s) acknowledge receipt of this addendum by signature of this document.