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Criminal Acts and Activities: Landlord Liability FAQ

What kind of legal trouble do landlords face from tenants who deal drugs on the property?

Drug-dealing tenants can cause landlords all kinds of practical and legal problems:

  • Anyone who is injured or annoyed by drug dealers -- be it other tenants or people in the neighborhood -- may sue the landlord on the grounds that the property is a public nuisance that seriously threatens public safety or morals.
  • Local, state, or federal authorities may levy stiff fines against the landlord for allowing illegal activity to continue.
  • Law enforcement authorities may seek criminal penalties against the landlord for knowingly allowing drug dealing on the rental property.
  • In extreme cases, the presence of drug dealers may result in the government confiscating the rental property.
  • A drug dealing environment can make it difficult to find and keep good tenants, and the value of the rental property will plummet.

How can a property owner avoid liability because of tenants who deal drugs or otherwise break the law?

There are several practical steps landlords can take to avoid trouble caused by criminal tenants and to limit their liability in any lawsuits that are filed:

  • Screen tenants carefully and choose tenants who are likely to be law-abiding and peaceful citizens. Weed out violent or dangerous individuals to the extent allowable under privacy and anti-discrimination laws that may limit questions about a tenant's past criminal activity, drug use, or mental illness.
  • Don't accept cash rental payments.
  • Do not tolerate tenants' disruptive behavior. Include an explicit provision in the lease or rental agreement prohibiting drug dealing and other illegal activity and promptly evict tenants who violate the clause.
  • Be aware of suspicious activity, such as heavy traffic in and out of the rental premises.
  • Respond to tenant and neighbor complaints about drug dealing on the rental property. Get advice from police immediately upon learning of a problem.
  • Consult with security experts to do everything reasonable to discover and prevent illegal activity on the rental property.
Copyright 2006 Nolo

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