A landlord is asking what is her responsibility for upstairs tenants doing drugs and disturbing the downstairs tenant. That is the question this week for Ask Landlord Hank. Remember Hank is not an attorney and he is not offering legal advice. If you have a question for him please fill out the form below.
Dear Landlord Hank,
First, thanks for being here for all of us!
I have an upstairs tenant who we know is doing crack, meth, and so on. The downstairs tenant is an elderly woman and still very sharp, still a stock trader, etc. and she cannot get a break. They are up and running around all the time, day and night, high as a kite. They have attached a garden hose to their bathtub to fill a container that they use as a community bong; they have out-of-state “visitors” coming in carrying in backpacks full of what we believe is cocaine.
The downstairs tenant is sharp, she has pictures to prove her case. The upstairs tenant has flooded her apartment because the hose got disconnected and they were passed out from drugs and no one could wake them up.
What is my responsibility here? The downstairs tenant has threatened a lawsuit to restore her right “to the quiet enjoyment of her property” (her rented apartment)? Am I responsible because she is getting sick all the time from the meth and crack smoke and smell in her apartment? Thank you.
-Margaret
Dear Landlady Margaret,
If you think your upstairs tenants are breaking the law, check the evidence the other tenant has provided, and if you really think these tenants are druggies and criminals then do an inspection of this unit with law enforcement in attendance.
If they really are criminals and druggies, EVICT right away. You should not put up with bad tenants, especially criminals, for one minute more than you have to.
Sincerely,
Hank Rossi
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