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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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A visitor overdosed in my apartment. He used drugs prior to

Customer Question

A visitor overdosed in my apartment. He used drugs prior to being at the apartment. I had no idea, did not supply the drugs or use any. 911was calledandIhad to doCPR to revive him. Police found no drugs in the apartment or in possession of anyone involved. Landlord said tenants are responsible for actions of visitors and is evicting. I am in MO. How can this be right or even legal?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
I am genuinely sorry to hear that you find yourself in this situation. The answers that I will provide you with will not be favorable so please do not blame the messenger.
I cannot comment on whether it is 'right' or not, but I can comment on whether it is 'legal'. And it is indeed legal. Here is how:
Ultimately you, as tenant have an obligation to the landlord based on the lease agreement to perform certain obligations. They can include paying rent on time and in full, keeping the unit clean and undamaged, informing the landlord of any defects in a timely manner so that the landlord can make repairs, and otherwise complying with state and federal laws. The other obligation is that you are responsible for the third parties that you invite into your property. Since you brought them in, you retain liability for their actions. For example if your visitor breaks a window of your neighbor, since the visitor was only there because of you inviting him in, you are liable to the neighbor for damages (that won't mean that you could not sue the friend to recoup costs, but the pri***** *****ability is still yours). Likewise, using drugs is a criminal offense and would violate the lease. Since you brought in this person, you effectively vouched for him, so when this person overdosed, you became responsible to the landlord for his actions. As that is a violation of law, on that basis he can lawfully evict.
I do realize this is not what you wanted to hear but it is very much legal. Please take care.
Sincerely,
Dimitry, Esq.

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