Legal Question: Can a landlord make you take a UA/Drug Test?

[Clark Kent]

Originally Posted by fatediesel

No, there are pretty strict laws about what can be in a rental contract. It varies by state.

This is the correct answer. You would have to ask a lawyer who specializes in Tenant/Landlord law in your home state for the answer. Each state has wildly varying laws and rules regarding landlords and tenants. My guess is that the clause is not legally binding, but I am not a lawyer and no substitute for a qualified lawyer.

[My_Two_Cents]

Ask a question like that in a blu ray forum, and you'll get exactly what you got; a lot of opinions, most of which have absolutely no basis in fact/law. It's my 'opinion' that since they are the landlord, and are making this requirement if you wish to live there, and you agree to this by signing the contract, then it is within their rights to enforce the contract (either by having you submit to a drug test or move out). Why would this be anny different than an employer requiring the same thing as a condidtion of employment? It is also my 'opinion' (though I believe I'm 100% correct in this) that they, as the landlord of the property, can absolutely restrict drug/alcohol use on their property. If you're caught breaking the rules, then they are within their rights to evict you.

Maybe O_V_N will chime-in, as he's the only lawyer (U.S. Law) that I'm aware of around here.

[D_M]

beware the wolf in sheep's clothing ...
Is the declaration merely a man made statute extolling and disguising benefits and privileges as "rights"?

A citizen (slave, chattel) is gifted rights.
A (free)man has rights.

Be sure to keep your eyes open and your vision clear.
There is no such thing as a free lunch; benefits and privileges come with a cost.
If we allow anyone or anything to subscribe rights then we tacitly accept them as an authority with the power to bestow rights ... which then infers we also acknowledge their power to rescind, revoke or remove rights.

Rights of man are unalienable; they are not given or taken ... they just "are".

The source of man's rights is the Creator; not a man made corporation, or your landlord.

[Clark Kent]

Originally Posted by Ricshoe

Ask a question like that in a blu ray forum, and you'll get exactly what you got; a lot of opinions, most of which have absolutely no basis in fact/law. It's my 'opinion' that since they are the landlord, and are making this requirement if you wish to live there, and you agree to this by signing the contract, then it is within their rights to enforce the contract (either by having you submit to a drug test or move out). Why would this be anny different than an employer requiring the same thing as a condidtion of employment? It is also my 'opinion' (though I believe I'm 100% correct in this) that they, as the landlord of the property, can absolutely restrict drug/alcohol use on their property. If you're caught breaking the rules, then they are within their rights to evict you.

I am a landlord to several properties. There are strict and narrowly defined rules and regulations governing what I can and can not do to my tenants in each state. These laws supersede any rental contract. Most of the laws were put into place to protect tenants from slum landlords.

[PH3AR]

I dont know bout the drug test

[Dexter Morgan]

I don't think that's a bad idea at all. I wouldn't want someone getting all messed up and (potentially) destroying my property.