Police search? - Landlord Forum thread 345212

Police search? by Fred on May 26, 2016 @13:15

Is it legal to have a clause in a lease that would allow for the following issue? I have a tenant whom I strongly believe is selling drugs from my rental house. I wanted to add wording such as .If the landlord has probable cause to believe that there is drug activity. That Landlord may give 24 hour notice to do a full property inspect with any professional personnel. Such as but not limited to. Safety/building inspectors, and any fire, police or environmental officials having un-limited use of resources to do there inspections. By signing below tenant acknowledges and accepts the terms outlined above.

I’m currently trying to get the people out and waiting for the police to raid the place but they need proof.
So I’m looking for a way to allow for a police officer to enter the house with a K-9 dog to find the drugs. Any suggestions?

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Re: Police search? by Anonymous on May 26, 2016 @16:44	[ Reply ]

you're treading a very thin and dangerous line here. While '''police activity'' might be grounds for landlord action to terminate / evict, you can't just call the cops on your tenants. the cops know the law, asssume your tenants know the law,,, and you need to know the law. what you're proposing could VERY EASILY be considered harassment, libel and a breech of tenant's right to peaceful and quiet enjoyment. figue out another way.

Re: Police search? by Anon on May 26, 2016 @20:12	[ Reply ]

take some cell phone video and put it on youtube.

Re: Police search?

Re: Meth and pot

Re: Police search? by MrDan (GA) on May 30, 2016 @23:53	[ Reply ]

No it's not legal. A landlord cannot have a lease clause that requires the tenants to waive their rights, especially their 4th amendment rights. The police do not have the right to enter just because a landlord tells them they can. As the tenant has a separate property interest in the premises and a separate expectation of privacy, only the tenant can consent to giving up those rights, not the landlord. Adding clauses to a lease that are unenforceable or against public policy, is prohibited by your state law. Such lease clauses fall under the Consumer Fair Protection Act, which allows fines and penalties against any landlord who has such lease clauses. The Police operate under the color of law and have immunity protection in most cases. The landlord has no such protection and can face criminal and civil charges and fines. State law also limits the reasons that a landlord may enter the tenants home and any violation can subject the landlord to penalties, such as in Florida, three time the monthly rent, court cost and the tenants attorney fees, which will surely be even greater then the penalties imposed. And last, due to HUD's rule on criminal applicants, which also applies to lease renewals, non-renewing the tenant for suspicious drug activity would be a clear violation of the law. You would only be on safe ground ending the lease because of a conviction, since suspicions and arrest are clearly stated would not support a defense for a landlord who does violate the law. Proper written rental criteria that meets HUD's rule on criminal applicants is a good defense to weed out potential bad tenants. Along with a very good 'Crime Free Rental Policy Addendum', then a landlord may have a legal, valid reason for eviction.