Crime Free Addendums for Residential Leases

By Kyle Cirac

When a landlord reviews an application for tenancy, the applicant may seem like an ideal tenant for the property.  However, once the tenant moves in, the landlord may discover that the new tenant is participating in criminal activities.  Whether it is selling or using illegal drugs, prostitution, discharging a firearm, or any other criminal activity, these behaviors are not desirable in a tenant.  Limiting the existence of criminal activity in a neighborhood, apartment complex, or mobile home park makes the property more attractive to potential tenants and may increase property values in the area.  One of the best ways to limit criminal activity in your rental properties is by requiring tenants to sign a crime free addendum to the lease.

The addendum may be referred to as a crime-free addendum, unlawful activity addendum, or any other similar name, so long as it contains the relevant provisions.  The addendum should list the names of the landlord and tenant(s), as well as the address of the property.  Additionally, the addendum should be dated and signed by both parties.

The provisions of the addendum should include language that prohibits tenant(s), guests, or any other person from participating in or facilitating any criminal activity, including, but not limited to, drug-related criminal activity, prostitution, or discharge of a firearm.  “Drug-related criminal activity” means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in section 102 of the Controlled Substances Act 21 U.S.C. § 802).  Any activity that endangers the health or safety of other tenants or guests should also be included as an offense for which the tenant may be evicted.  A broader provision prohibiting any violation of federal, state or local law, ordinance, rule or regulation should also be included in the addendum.

Landlords should adopt a zero tolerance policy toward criminal activity.  In doing so, the addendum should state that a single violation of the crime free addendum is a serious violation and a material noncompliance with the lease.  Such a violation is good cause for termination and the landlord may pursue all of their legal remedies against the tenant(s).

In some cases, the lease may contain the necessary provisions to evict a tenant for criminal activity, but not all leases include sufficient language to justify such an eviction.  A properly drafted crime free addendum can ensure that landlords will be able to evict tenants who participate in or facilitate criminal activity.  If you need help drafting a crime free addendum for your rental property, contact a lawyer.

* The foregoing information is of a general nature.  Landlords and tenants should contact their legal counsel with questions for advice concerning specific situations.