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can I put a "no drugs" clause in rental agreement?

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MauriS69

Junior Member
Hello. My pot-head roommate of 3 months is finally moving out, and unfortunately I need to get a new roommate. Because of all the trouble I've gone through, I want to draw a rental agreement to cover this issue with new to-be-roommate. I hold a month to month lease with owner, and will be legally subletting

1. Is it legal to include a clause specifying that bringing home any illegal drugs, and/or drug paraphernalia is cause to terminate/forfeit rental agreement?? And if I include this in the rental agreem, can I kick new roommie out right away? or do I have to give him 30 days notice? Can agreement say roommate loses deposit and/or rent if he is kicked out for illegal drugs according to this clause? ..... does that make sense?? :)

2. I'd also like to include in agreement that medicinal marijuana is not allowed (as is federal offense) and is reason for termination/eviction. Also, I'd like it to say that roommate will be evicted if he's charged/arrested/ticketed/convicted for illegal drugs possession even if it's outside the home... can I do that?

Of course I realize enforcing this would be a different story (I'm NOT going to check roommie's room looking for drugs), but I figure this would be in rental agreement just in case, as if in the case I get home and find roommie doing lines on the dining table or smoking marijuana like current rommie does. I know this might sound stupid or paranoid but I've gone through hell with current pot-head roommie (he hid drug habit until after moving in).

Please set me straight if I'm way off... or am I? What CAN I include in the rent agreement? Your advice is greatly appreciated.. suggestions?? Thank you in advance

What is the name of your state? California
 
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FarmerJ

Senior Member
just go to a legal stationary supply store and get a lease blank that meets C A law, that should do it for you. as you might know ,most leases inc a clause that bars illegal activity. your free to add on that you do not want marijauna / tobacco or any other type of smoking in your unit.
 

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