Is it legal for my landlord to put on the lease that they may drug test us?

Asked on June 10, 2012 under Real Estate Law, Louisiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, with respect to a private lease agreement for residential or commercial purposes, there is nothing illegal per se for a landlord to have a provision in the lease that his or her tenants submit to drug testing.

The potential tenant's option is to agree to the term, negotiate it away or refuse to sign the lease with such a provision and look elsewhere for another place to live.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it would be legal. People can contractually agree--and that's what a lease is; a contract--to be tested for drugs (or alcohol; or undergo more general health/medical testing). The landlord may not insert this requirment into a written lease in the middle of its term, but could make it part of new or renewal lease; if you do not wish to agree to it, you could choose to not rent from this landlord.

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