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Real Property • Landlord-Tenant
PROP#075
Legal Definition
A tenant has a duty not to use the premises for an illegal purpose. If violated, the landlord may terminate the lease and seek damages and injunctive relief. However, minor or isolated incidents of unlawful conduct may not necessarily justify termination.
Plain English Explanation
A tenant cannot consistently commit illegal acts on property, but the law doesn't allow a landlord to recover damages against a tenant for doing minor illegal things from time to time.
Hypothetical
Hypo 1: Amy lives in a state where marijuana is illegal. Amy rents an apartment from Bob. Amy decides to start growing marijuana in her apartment. Months later, when Amy harvests her crop, Bob finds out. Result: Based on Amy's continuous illegal behavior, Bob has the right to not only terminate Amy's lease, but he can also seek an injunction with the court (ask the court to force Amy to stop her behavior), or pursue potential damages.
Hypo 2: Carl lives in a state where marijuana is illegal. Carl rents an apartment from Bob, next door to where Amy grows her marijuana. Carl doesn't drink alcohol and never does any drugs. One day, in an attempt to flirt with Amy, he smokes a joint in his apartment with her. Bob finds out. Result: There's not much Bob can do here. Yes, smoking marijuana is illegal, and yes Carl may face some criminal issues if the police find out or investigate. But civilly, as far as the law is concerned, Bob needs to chill out and leave Carl alone.
Hypo 2: Carl lives in a state where marijuana is illegal. Carl rents an apartment from Bob, next door to where Amy grows her marijuana. Carl doesn't drink alcohol and never does any drugs. One day, in an attempt to flirt with Amy, he smokes a joint in his apartment with her. Bob finds out. Result: There's not much Bob can do here. Yes, smoking marijuana is illegal, and yes Carl may face some criminal issues if the police find out or investigate. But civilly, as far as the law is concerned, Bob needs to chill out and leave Carl alone.
Visual Aids
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