Home Safety and Security From Crime, Drugs and Gangs
Eight states specifically address crime, drugs, and/or gangs in some manner: Alaska, Connecticut, Mississippi, Montana, Ohio, Oklahoma, Rhode Island, and Washington. Safety and security are key elements of a healthy and safe home. Montana is the only state to expressing impose a duty on landlords. It states that the landlord “may not knowingly allow any tenant or other person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured.”
34.03.120. Tenant obligations
(b) The tenant may not knowingly engage at the premises in prostitution, an illegal activity involving a place of prostitution, an illegal activity involving alcoholic beverages, an illegal activity involving gambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activity involving an imitation controlled substance, or knowingly permit others in the premises to engage in one or more of those activities at the rental premises.
Sec. 47a-11. Tenant's responsibilities.
A tenant shall:
(h) if judgment has entered against a member of the tenant's household pursuant to subsection (c) of section 47a-26h for serious nuisance by using the premises for the illegal sale of drugs, not permit such person to resume occupancy of the dwelling unit, except with the consent of the landlord.
§ 89-8-25. Obligations of tenant
A tenant shall:
(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency.
70-24-303. Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector.
(1) A landlord:
(b) may not knowingly allow any tenant or other person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured by any of the following:
(i) criminal production or manufacture of dangerous drugs, as prohibited by 45-9-110;
(ii) operation of an unlawful clandestine laboratory, as prohibited by 45-9-132; or
(iii) gang-related activities, as prohibited by Title 45, chapter 8, part 4;
70-24-321. Tenant to maintain dwelling unit.
(3) A tenant may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured by any of the following:
(a) criminal production or manufacture of dangerous drugs, as prohibited by 45-9-110;
(b) operation of an unlawful clandestine laboratory, as prohibited by 45-9-132; or
(c) gang-related activities, as prohibited by Title 45, chapter 8, part 4.
5321.05 Obligations of tenant
(A) A tenant who is a party to a rental agreement shall do all of the following:
(9) Conduct himself, and require persons in his household and persons on the premises with his consent to conduct themselves, in connection with the premises so as not to violate the prohibitions contained in Chapters 2925. and 3719. of the Revised Code, or in municipal ordinances that are substantially similar to any section in either of those chapters, which relate to controlled substances.
§ 127. Duties of tenant
The tenant shall at all times during the tenancy:
8. Not engage in criminal activity that threatens the health, safety or right of peaceful enjoyment of the premises by other tenants or is a danger to the premises, and not engage in any drug-related criminal activity on or near the premises either personally or by any member of the tenant's household or any guest or other person under the tenant's control.
4-18-24. Tenant to maintain dwelling unit
A tenant shall:
(8) Refrain from using any part of the premises in a manner such as would constitute the maintaining of a narcotics nuisance under the provisions of § 21-28-4.06;
(9) Refrain from using any part of the premises or any public property adjacent thereto for the manufacture, sale, or delivery of a controlled substance or from possessing on the premises or any public property adjacent thereto with the intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of chapter 28 of title 21; and
(10) Refrain from any crime of violence on the premises or on any public property adjacent to said premises. A “crime of violence” means and includes any of the following crimes or an attempt to commit any of the following crimes; murder, manslaughter, arson, rape, sexual assault, mayhem, kidnapping, assault with a dangerous weapon, assault or battery involving grave bodily injury, and a felony assault with intent to commit any offense.
59.18.130. Duties of tenant
Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:
(6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. “Drug-related activity” means that activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW;
(8) Not engage in any activity at the rental premises that is:
(a) Imminently hazardous to the physical safety of other persons on the premises; and
(b) (i) Entails physical assaults upon another person which result in an arrest; or
(ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352.
Nothing in this subsection (8) shall authorize the termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon;
(9) Not engage in any gang-related activity at the premises, as defined in RCW 59.18.030, or allow another to engage in such activity at the premises, that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences. In determining whether a tenant is engaged in gang-related activity, a court should consider the totality of the circumstances, including factors such as whether there have been a significant number of complaints to the landlord about the tenant's activities at the property, damages done by the tenant to the property, including the property of other tenants or neighbors, harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's criminal history.
Return to Healthy Homes