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Crime and Drug Lease Addendum Template

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Updated on March 18th, 2023

A crime and drug lease addendum requires a 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 engages in criminal behavior, violence, threats, and 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.

CONTENTS

Evicting a Tenant Under a Crime & Drug Lease Addendum

If a landlord suspects or has knowledge that a tenant or their family or guests have broken their lease by engaging in criminal activity, the tenant doesn’t need to be charged by the police, and the landlord usually doesn’t need to press charges, for them to be evicted. However, the landlord must collect proof of the tenant’s illegal activity before evicting them.

Collecting Evidence

The landlord will need to keep record of the suspected activity around the premises, which may include:

  • Taking photographs
  • Noting the comings and goings of suspicious individuals
  • Installing video surveillance
  • Written testimony of neighbors

Although pressing charges isn’t necessary, the police may be contacted with the landlord’s concerns. Once sufficient proof is collected, the landlord can proceed with a formal eviction.

Sample

Download: PDF, Word (.docx), OpenDocument

CRIME & DRUG 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. ADDITIONAL TERMS. In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Landlord and Tenant agree as follows:

4. 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.

5. ILLEGAL ACTS. Tenant, any member of the Tenant’s household or a guest or other person under the Tenant’s control shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the premises.

6. ILLEGAL USE OF DWELLING. Tenant and/or members of the household will not permit the dwelling unit to be used for, or to facilitate, illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.

7. DRUG MANUFACTURE & SALE. Tenant, any member of the Tenant’s household or a guest, or another person under the Tenant’s control shall not engage in the unlawful manufacture, sale, use, storage, keeping, giving, or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises or otherwise.

8. VIOLENCE. Tenant, any member of the Tenant’s household, or a guest or other person under the Tenant’s control shall not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the rental agreement on the premises that otherwise jeopardizes the health, safety or welfare of the landlord, his or her agent(s), or other tenants.

9. 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.

10. 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]

Frequently Asked Questions

How is a tenant evicted for illegal activity if there isn't a crime and drug lease addendum?

If the lease doesn’t include a crime and drug lease addendum, the landlord will be forced to issue the tenant a lease termination notice. This document gives the tenant a state-mandated notice period to move out of the premises before being evicted.

What happens if the landlord lets a tenant engage in illegal activity on their property?

If a landlord permits tenants to continue criminal actions or threatening other tenants, they can be held liable for public nuisance, injury, and allowing illegal activity to take place on their property. Furthermore, some states require landlords to report illegal activity or risk penalty.