I have a Drug Addendum I would like to use along with my lease, and was wondering if it would hold up in court.
Says things like …tenant agrees to not use, sell, make, etc. drugs on the property, or allow anyone else to;
Even goes as far as to say if they are arrested for drugs while renting from me, I have the right to evict them, even if they weren’t on the rental property. That way, when their (my) address goes in the newspaper, I have the option of eviction.
Sound reasonable?
It makes sense to me…I didn’t have an addendum, just a paragraph in my lease…
Keith
Every lease I’ve ever seen has a “no illegal activities on the property” paragraph. I’ve never seen drugs specified.
I think you’d have difficulty legally with the “arrested” part. People are innocent until proven guilty. So, until it’s conviction for drugs, you’re open to defamation of character and a slew of other lawsuits.
Thanks for the replies so far.
It says:
“Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.”
I guess I could share it with everyone, if it would be of any help. It says “Criminal activity, including drug-related criminal activity” so it’s not just defining drugs exclusively, but any illegal activity.
And I was wrong about it using “arrested”
It reads:
“Resident or member of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near property premises or otherwise.”
Steve