Tenant drug use advice

[Will Feeny]

Hi,

Looking for some advice on a rental property I have, there are 2 brothers on lease and have been living there for years. Never any issues with them. This week one of the brothers came home and worried about the other and called the paramedics as he feared his brother overdosed on cocaine.

He is ok but obviously do not want drug use in a rental property we manage, standard wording in the lease that if there is lease can be terminated immediately.

The brother who reported it and I spoke to claims this is not normal for the other one to do. I do realize neither of them would just say yes we do drugs all the time and will continue.. But am curious if anyone has run into this.

While initially I was just going to evict both and move on. I started to think about giving him a chance if this was a random situation and he came home and didn’t realize what he got into. I have never seen any signs at all of issues previously over the years from either of them.

I also want to make sure I am not liable/protected though against anything. If I gave them a chance I was thinking of having them both sign a document stating one brother is getting treatment and confirms there will be no drug use of any kind, otherwise they understand lease will be terminated and both out right away.

Appreciate any thoughts.

[Patricia Steiner]

So if I understand this right, you want to take the word of an overdosed tenant (or his paramedic calling brother who reported cocaine abuse) over your lease.  Drug abusers make promises they cannot keep..."don't do it again" is what you want to hear but it's not based on reality. Best route is always this one:  Manage to the lease.  If no drugs are allowed on your property, it's a lease violation; send them a Notice to Quit with the cure period or whatever your state law requires.  If you don't follow your lease, then you've set a precedent that it's all a big "liar, liar pants on fire" document.  

Running a business is hard work...letting a tenant taint your property is not an option.

Hope this helps.  I'm sorry you were put in this position.