Involvement with illegal drugs is a valid reason to evict a tenant. You’ll need proof this is happening before you act, but failing to protect yourself and other tenants can put you in legal, if not criminal, jeopardy.
Should You Care If Your Tenant is Using Illegal Drugs?
If someone is using an illegal drug in the privacy of their own home, not causing problems with other tenants, and complying with their lease, you could consider it a non-issue. It’s estimated that 12% of the US population 12 and older use illegal drugs. If that’s accurate, about 4.7 million Californians use illicit drugs, and many rent their homes.
Illegal drug users often hold jobs, pay rent, and don’t commit other crimes. You may suspect drug use when interacting with them if they’re antisocial, depressed, or excited. They also may suffer an illness, side effects of legal medications, or what you see may be part of their personality.
Warning Signs of Drug Use
Things to watch out for include:
- Drug paraphernalia in or around the unit or in common areas going to and from the unit
- You smell burning methamphetamines or cocaine, or heroin being heated up before injection (marijuana use is legal in California, but you can ban smoking it on your property as part of your lease)
- The tenant won’t let you or others in to perform maintenance or repairs
If you don’t evict a disruptive or troublesome tenant violating lease terms or local, state, or federal law, you may be liable for injuries to tenants from actions by illegal drug users, manufacturers, and dealers on their property.
But it’s not easy to know what’s going on. The law limits your ability to enter the unit. You can enter during regular business hours with reasonable, written notice, including why you want to be there. If you tell them you think they’re illegally using drugs, they may agree to your inspection and hide the drugs or keep them on their person.
If you believe your tenant’s breaking the law, you should write down your observations, with details and dates. You can report your suspicions to the police, but they may only be interested in a report of drug use with other crimes going on as well.
To get a search warrant for the apartment to look for evidence, the police will need to show there’s probable cause to believe a crime is or was being committed. There must be accurate, reasonable information from an informant or the officer’s observations supporting the possibility that evidence of illegality will be found. You can’t consent to a warrantless search of your tenant’s apartment.
Dealing or Manufacturing Drugs From Your Property
Many drug users pay for their habit by making and or dealing drugs, full or part-time. That’s a severe problem for a landlord. A tenant may allow other users into their unit at odd hours, causing complaints by other tenants. These “guests” may pay for their habits by breaking into or stealing cars or burglarizing apartments. Someone seriously impaired by an illegal drug could cause property damage or start a fire, intentionally or not.
Drug manufacturing and dealing go hand-in-hand with violence. Other dealers may not like the competition from your tenant and take action to end it. Criminals with guns may come to your building to steal your tenant’s drugs and cash. Your other tenants and their guests may be injured if violence occurs.
If your tenant is doing something illegal, they can be arrested. If the police believe you’re involved or profiting above and beyond what you’d typically collect as rent, you may be charged too. This is not something to be taken lightly.
We’re Here to Help
Illegal drug use, manufacture, and sales on your property involve practical as well as landlord-tenant and criminal laws. If you think a tenant’s involved in breaking the law, call the team at AWB Law, PC at (949) 244-4207 or fill out our online contact form today. We can discuss your situation, how laws may apply, and how best to proceed.
