Legal Question in Real Estate Law in California

Landlord liability regarding tenant criminal/drug sales/use

As a rental landlord I am unsure of my personal liability if I rent my home to a tenant who passes a background check but engages in criminal drug activity.

For instance, I rent a house to a family who grows drugs, sells drugs or uses drugs.

Is my property investment at risk of being seized in the event of prosecution?


Asked on 8/07/06, 8:19 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord liability regarding tenant criminal/drug sales/use

I wrote a law review article on the very subject years ago, and the answer is "yes". You have to take all reasonable steps -- including eviction -- to eliminate illegal drug activity in your property. You can serve a 3-day notice to abate or quit. If that fails, you would have to go to court to evict everyone in that house. Good luck to you.

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Answered on 8/07/06, 8:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord liability regarding tenant criminal/drug sales/use

In addition to the duties imposed upon you by statute to avoid "knowingly" harboring drug activities (see Health & Safety Code section 11366.5), you should be concerned with negligence suits from tenants and others who may be injured due to any dangerous conditions or persons on or about your property. There is also a rental and resale value issue if you let the property get a bad reputation.

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Answered on 8/07/06, 8:58 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Landlord liability regarding tenant criminal/drug sales/use

Unfortunately you are at risk. For unlawful detainer assistance call me directly at 6192223504.

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Answered on 8/07/06, 9:02 pm


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