As a potential landlord, can I ask not require a potential tenet to take adrug test?

I am a 57 year old single man and I have 2 rooms in my house that I would like to rent out. I do not want someone with a drugproblem that would be more apt to steal from me. I would like to ask tenants to take drug test before they move in. I would surprise them with a drug tore kit when they came to look at the house and decide they want the room.

Asked on November 9, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want to condition any lease of a room in your home to a potential tenant passing a drug test, you legally can do so. In fact, many employers in their employee handbook have drug testing requirement for an employee.

I suggest that in any written lease agreement you have a provision about drug testing by you and the need to pass it so as to not be a violation of the lease on a periodic basis. You should have a landlord tenant attorney draft the lease for you with the drug testing requirement and passage. Good idea.

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