Drugs in Property: What Landlords Should Do?
17 August 2022

Drugs in Property: What Landlords Should Do?

One of the most serious situations a landlord may deal with is a drug problem caused by tenants. Whether your tenants are using, selling, or producing illegal drugs, you should not turn a blind eye to the illegal activity because it could haunt you and cause irreparable damage to your business.

The Ramifications of Not Resolving Drug Problems in Your Property

As a landlord, you should take responsibility for addressing the problem. If you are notified by neighbors that a tenant is indulging in illegal drugs, take the complaint seriously. Failing to take action or resolve the problem despite your best effort can compel the police and council to invoke their legal power. They can issue a closure notice that will effectively shut down the property and prevent you or the tenant from accessing it for 48 hours. Worse, they may request the courts to issue a premises closure order (PCO), which can be effective for up to three months.      

With a PCO in force, you can’t rent out the property even if the problem tenant has moved out. You could also lose your landlord’s license apart from facing other applicable criminal liability that may be imposed on you.

A major drug problem in your property may besmirch the good image of your rental business, decrease the value of the property, and make it harder to find good tenants.    

Hand with a tube of dollars and different drugs

What You Should Do with Drug Problems in Your Property  

Your approach to dealing with a drug use issue on your property shouldn’t be the same as when you manage other tenant problems. Do not try to work out the problem on drugs yourself or knock on the door of the suspects. They may resort to violence when confronted and you may be putting yourself in an unpredictable situation. Think about your safety first. You can take more effective avenues.    

If you discover your tenant using marijuana, send them a 20-day (the period may vary per state) lease violation notice via certified mail. This is the legal step you can take to remedy the situation. You can then evict the tenant if the problem is not remedied. Any additional actions can now be handled by your lawyer or other legal entities.

In more severe cases such as cocaine or heroin use or trading, the safest move is to involve the police. It is unlikely that the tenant will pay attention to the letter, let alone desist from doing the illegal activity.

Tips for Preventing Drug Problems in Your Property   

You can prevent or minimize drug incidents on your property by being proactive and following these tips.

  1. Screen tenants carefully
    Ask questions about the potential tenant’s criminal histories on rental applications. This check greatly helps in finding good tenants.
  2. Specify the eviction clause in the rental agreement
    In the rental agreement, have an explicit clause that gives the landlord the option of evicting a tenant dealing or making drugs on the property.
  3. Evict the erring tenant immediately
    If any tenant is found violating the clause on drug use or manufacture, do not entertain arguments. Evict the tenant immediately.
  4. Listen to other tenants’ complaints
    Be sensitive to other tenants’ complaints of strange odors or a high amount of traffic in a certain apartment unit or rental property.
  5. Choose your property manager carefully
    Be diligent and deliberate when it comes to choosing a property manager. The property manager will have the most interaction with the tenants and can provide you the feedback and guidance on any drug problem on your property.  

Dealing with drug problems on your property can be intimidating or uncomfortable. As a leading Las Vegas property management company, part of our duty is to help you manage your Las Vegas luxury real estate including these types of situations. We can also handle your Henderson property management needs.