A crime and drug free lease addendum is added to a lease to require the tenant to keep their rental property free of illegal activity and drugs. Including this addendum gives the landlord the right to immediately terminate the rental agreement if the tenant, their family, or guests engage in criminal behavior, violence, threats, or the use, sale, or production of controlled substances. The document will identify the landlord, tenant, and property location, and list the prohibited uses of the premises that will result in the lease’s termination.
If a landlord knows or suspects that a tenant or their family or guests have broken their lease by engaging in criminal activity, the landlord usually doesn’t need to press charges to evict. However, the landlord must collect proof of the tenant’s illegal activity before starting the eviction process.
The landlord will need to keep a record of the suspected activity around the premises, which may include:
- Noting the comings and goings of suspicious individuals
- Installing video surveillance in shared and public areas
- Written testimony and complaints from tenants and neighbors
- Obtaining a police report on tenant’s illegal activity
Although pressing charges isn’t always necessary, the police should generally be contacted with the landlord’s concerns. Once sufficient proof is collected, the landlord can proceed with a formal eviction.
CRIME & DRUG FREE LEASE ADDENDUM
1. THE PARTIES. This Lease Addendum (“Addendum”), made effective as of [MM/DD/YYYY], is by and between:
Landlord: [LANDLORD’S NAME] (“Landlord”) and
Tenant: [TENANT’S NAME] (“Tenant”).
The Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the “Parties.”
2. ORIGINAL LEASE. This Addendum is being added to the lease agreement between the Parties, dated on [MM/DD/YYYY], for the property located at [RENTAL PROPERTY ADDRESS] (“Original Lease”).
3. ILLEGAL ACTIVITY. Tenant, any members of the Tenant’s household or a guest or other person under the Tenant’s control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises. “Premises” means the dwelling unit and any other area located within the building or on the property where the dwelling unit is located. “Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802)) or possession of drug paraphernalia.
4. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and material non-compliance with the lease.
It is understood and agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.
5. EXECUTION. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Landlord’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [LANDLORD’S NAME]
Tenant’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [TENANT’S NAME]