Rental Basics in Model City>Question Details

Miami Momma, Home Owner in Miami, FL

Can a landlord demand a tenant (currently living in the apartment) take a drug test?

Asked by Miami Momma, Miami, FL Fri Apr 19, 2013

Help the community by answering this question:


Steven Epstein, P.A.’s answer
If a landlord suspects a tenant is involved in drug trafficking, landlord under the REICO Act may be encumbered and needs to protect his/her own property and interests and can request a Criminal Background check on tenant and if tenant is truly involved in the drug trade that may be grounds for eviction. Landlord may also report suspicious activity to the authorities, however i'm unaware of the ability to require drug testing. If you're the landlord seek legal counsel. If you're the tenant seek legal counsel and cease illegal activities on the premises.
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0 votes Thank Flag Link Sat Apr 20, 2013
The simple answer is: A landlord can demand it and the tenant can refuse it. Unless the tenant signed an agreement that as part of living there they agreed to do random drug tests.
3 votes Thank Flag Link Fri Apr 19, 2013
I don't think so, I have never heard of such a demand...can't wait for other's responses.
2 votes Thank Flag Link Fri Apr 19, 2013
No. The landlord cannot require you to take a drug test. If the federal government won't allow us to drug test welfare recipients or children in schools I am pretty sure your landlord would be out of line doing so to you. But since I am not a lawyer if this is a real issue I suggest you contact one. Good luck.
1 vote Thank Flag Link Fri Apr 19, 2013
In the state of Florida, If it's in the lease contract and both parties agrees to it, then it's absolutely ok, You can pretty much write anything into a contract as long as it's not against the law. The one suggestion I can give is to have the lease contract notarized and then documented in a court of law to make it rock solid.
Flag Sat Jul 11, 2015
'Rights of the Landlord over the Lessee= Those defined by the lease.

It's just that simple. If a stranger can't walk up and give you a drug test, then unless the lease states something like "The Tenant shall submit to random drug testing if requested", the landlord can't make you do anything extraordinary.'
1 vote Thank Flag Link Fri Apr 19, 2013
To amplify Jose Gomez's correct answer, you can also demand that the landlord provide you with their detailed financial information, but they have no obligation to comply with your demand.
1 vote Thank Flag Link Fri Apr 19, 2013
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