Kai Rivers
Landlords must navigate a complex web of federal, state, and local laws when dealing with tenants who have been convicted of selling drugs. While the Fair Housing Act prohibits discrimination based on protected characteristics, it does not prevent landlords from considering a tenant's criminal history. However, landlords must evaluate each tenant's criminal history individually and cannot make blanket decisions based solely on the presence of a criminal record. Larger management companies often have policies against renting to people with criminal convictions, but smaller landlords who own fewer properties and have more personal relationships with their tenants may be more lenient. Landlords who knowingly rent to individuals who deal drugs from their rental properties may face liability for any harm caused to others as a result of these activities. To avoid this, landlords can include explicit clauses in their lease agreements, stating their right to evict tenants involved in drug-related activities.
| Characteristics | Values |
|---|---|
| Landlord's rights | Landlords have the right to evict tenants who are engaged in drug-related activity |
| Landlord's responsibilities | Landlords are responsible for taking steps to prevent drug-related activity in their rental properties |
| Landlord's liability | Landlords may face liability for any injuries or negative consequences resulting from drug-related activity in their rental properties |
| Legal consequences for landlords | Landlords may be charged with a felony or misdemeanor, face imprisonment, fines, lawsuits, or eviction from the property |
| Tenant's rights | Tenants can file a lawsuit against landlords for allowing drug-related activity, claiming it as a public nuisance and a threat to public safety |
| Tenant's responsibilities | Tenants should report any suspected drug-related activity to the landlord |
| Tenant screening | Landlords can screen tenants for criminal convictions and deny applications based on specific factors, such as drug-related crimes |
| Lease agreement | Lease agreements should include a clause prohibiting drug-related activity and allowing eviction for such activities |
| Eviction process | Landlords should follow the legal eviction process, providing clear evidence of drug-related activity |
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What You'll Learn
Landlord rights and liabilities
Landlords have certain rights and liabilities when it comes to renting to someone with a conviction for selling drugs. While the Fair Housing Act (FHA) prohibits discrimination in housing based on disability, which includes drug addiction, it is important to note that illegal drug activity is not protected under the FHA. Landlords can ask all applicants about their involvement in illegal drug activity and whether they have been convicted of drug-related crimes.
If a landlord knowingly allows illegal drug activity on their property, they may face legal consequences, including charges of aiding and abetting, fines, and lawsuits from tenants and neighbours. To avoid liability, landlords should take reasonable steps to protect their tenants from criminal activity, respond promptly to complaints, and take measures to prevent illegal activity on the property. Screening tenants carefully and choosing those who are likely to be law-abiding can help landlords minimize the risk of drug-related issues.
On the other hand, if a landlord discriminates against an applicant with a drug conviction without considering their case individually, they may be challenged under the Fair Housing Act. The applicant may argue that the landlord's decision was discriminatory and based solely on their drug conviction. In such cases, the landlord may face legal consequences and may be forced to rent to the applicant.
It is essential for landlords to understand their rights and liabilities to make informed decisions and protect themselves legally. Consulting with a qualified landlord-tenant attorney can provide specific guidance and advice on navigating these complex issues while adhering to applicable laws and regulations.
While this answer provides a general overview of landlord rights and liabilities, it is important to note that specific laws and regulations may vary depending on the state and local regulations. Therefore, seeking legal advice from a professional familiar with the local laws is always recommended.
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Tenant rights
While tenants are not allowed to engage in illegal activity, including the use and sale of illicit drugs, they do have rights. If a tenant is facing eviction due to drug-related charges, they may be able to challenge the landlord on the basis of the Fair Housing Act (FHA), which prohibits discrimination in housing on the basis of race, colour, religion, sex, familial status, national origin, and disability. Drug addiction is considered a disability under the FHA, so a tenant may be able to argue that the landlord's decision to deny housing was discriminatory. However, it is important to note that the FHA does not bar discrimination against tenants who are current illegal drug abusers or those convicted of the illegal manufacture or distribution of drugs.
Tenants can also request accommodations related to their disability, and landlords must consider and grant these requests if they are reasonable and do not impose an undue financial or administrative burden. For example, a tenant with a drug addiction may ask for forgiveness for late rental payments, but a landlord is not required to grant this request as it interferes with the fundamentals of the rental business.
In cases where a tenant's drug activity has resulted in a nuisance or threat to public safety, landlords have the right to evict them. However, it is recommended to proceed with caution and seek legal advice to ensure the eviction process is followed correctly. Hard evidence is crucial in these cases. Additionally, landlords can be held liable for tenant drug activity if they are found to be involved or complicit in any way.
To protect themselves, tenants can report any suspected drug activity by other tenants to the landlord, who can then take appropriate steps to address the issue. This may include informing neighbouring property owners or contacting local law enforcement.
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Eviction processes
If a landlord rents property to a tenant who engages in drug activity, the landlord may have violated a so-called disorderly house law or a drug house law. These are state laws that make it a crime to be in control or management of real estate where drug activity is occurring. These laws vary from state to state. In some states, a landlord who violates a drug house law has committed a felony and may face punishments including imprisonment and eviction from the property. In other states, such as Maryland, the crime of keeping a disorderly house is a misdemeanor punishable by a fine, imprisonment, or both.
To begin the eviction process, landlords must have clear evidence of drug sale or use. Hard evidence, rather than unfounded suspicions, is necessary to evict a tenant. A well-written lease should include a clause that forbids criminal conduct or illicit drug activity, including the use and sale of drugs by the tenant and their guests. Landlords should also be aware of any spikes in utility bills, as this could be a warning sign of drug activity.
In some states, landlords can file for eviction with no opportunity for the tenant to cure the situation if drugs are involved. In other states, there may be a shorter timeframe to speed up the eviction process. If the tenant contests the eviction, the landlord must provide proof by a preponderance of the evidence. The eviction process must still happen even if the tenant is arrested or otherwise convicted of a drug-related crime.
In California, the City Attorney shall provide the landlord with sufficient documentation to establish that the rental unit is being used for unlawful drug-dealing activities. The landlord must then give notice as required by law and bring an action within 30 days. California Health and Safety Code also provides that it is a criminal act for any person to rent or lease a property for the purpose of unlawfully manufacturing, storing, or distributing controlled substances.
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Lease agreement terms
Legal Considerations:
It is essential to be aware of the relevant laws and regulations regarding renting to individuals with criminal convictions, as these can vary by state. In some states, landlords may be held responsible for violating "disorderly house laws" or "drug house laws" if they rent to tenants who engage in drug-related activities. These laws can carry penalties ranging from fines to imprisonment. It is advisable to consult a local attorney specializing in property law to ensure compliance with applicable laws.
Lease Clauses:
Lease agreements should include specific clauses that address criminal conduct and illicit drug activity. These clauses should clearly state that tenants, their guests, and any members of their household are prohibited from engaging in drug-related activities, including the use, sale, or production of controlled substances. It should be clear that any violation of these clauses will result in termination of the lease.
Screening and Selection:
Landlords can implement rigorous screening processes to minimize the risk of renting to individuals involved in drug-related activities. This may include criminal background checks, reference checks, and tenant screening services. Larger management companies often have policies against renting to people with criminal convictions, while smaller, private landlords may be more willing to consider individual circumstances.
Eviction Procedures:
Lease agreements should outline the eviction procedures that will be followed in the event of drug-related activities. Most states allow for expedited eviction processes when illegal activity is discovered, but clear evidence of drug-related activities is required. Landlords should document any suspicious activities, communicate openly with tenants, and seek legal guidance when necessary.
Addendums and Amendments:
Consider including a "Crime and Drug-Free Lease Addendum," which specifically addresses the requirement for tenants to keep the rental property free of illegal activities and drugs. This addendum gives landlords the right to immediately terminate the rental agreement if any prohibited activities are carried out by the tenant, their family, or guests.
Communication and Reporting:
Lease agreements should encourage open communication between landlords and tenants regarding any suspected drug-related activities. Tenants should be made aware of the potential consequences and encouraged to report any concerns. Landlords should also be familiar with local reporting procedures and collaborate with neighboring properties or law enforcement when appropriate.
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Screening services
- Zillow Rental Manager: This service offers background checks, credit checks, income verification, and eviction history reports. It is free for landlords to use, and renters pay a $35 application fee, which includes tenant screening reports.
- TransUnion SmartMove: SmartMove provides comprehensive background check reports, including criminal records, eviction proceedings, and income insights. Landlords can choose to pay for the screening service or pass the cost on to the applicant.
- RentPrep: RentPrep is mentioned as a tenant screening service that can help landlords improve their selection process and avoid renting to tenants who may engage in illegal activities.
- RentSpree: This platform offers tenant screening and rent payment services, simplifying the process for agents and landlords. It is free to create an account and send screening requests.
In addition to using screening services, landlords can also include clauses in their lease agreements that forbid criminal conduct or illicit drug activity by tenants and their guests. It is also recommended to consult a local attorney specializing in property law to ensure compliance with local and state regulations regarding tenant screening and eviction processes.
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Frequently asked questions
No, you are not obligated to rent to someone convicted of selling drugs. Larger management companies often have policies against renting to people with a criminal conviction or arrest record. However, smaller, private landlords may be more lenient.
As a landlord, you may be held liable for any drug-related activity that occurs on your property. You could face fines, imprisonment, or even eviction from the property.
Include an explicit clause in your rental agreement stating that you have the option to evict any tenant involved in drug dealing or manufacturing on the property.
Record details of suspects, including names, license plate numbers, car models, and colors. Also, note your reasons for suspicion. You may also consider installing video recording devices in common areas, entryways, and outdoor spaces.
You may be able to challenge the landlord on the basis of the Fair Housing Act, which prohibits discrimination in housing on the basis of disability, and drug addiction is considered a disability. You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) for investigation.
