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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Are you asking if you have any responsibility for the person being on heroin?
Or if you have any criminal liability?
Or something else?
Ok, you as the landlord don't have any legal liability for the criminal actions of a tenant. If the tenant causes any damages or injures themselves or someone else, they are the only one who could be held liable for their actions.
But if your lease doesn't have a clause about illegal activity or drugs on the premise as being grounds to terminate the lease and evict, it needs to have it starting with the next tenant. If your tenants are month to month, then you can change the policy with a 30 day written notice to all the month to month tenants.
If your lease does have a clause about illegal activity, then it would be a good idea to terminate this tenant's lease and evict if they wouldn't voluntarily leave.
I would also make it very clear to all tenants that you will not hesitate to contact the police if you see any evidence of illegal drug use and let them deal with it. That puts them on notice as well as protects you from any chance of liability if you do contact police if you suspect any type of illegal activity.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
You are very welcome. Glad to help any time..
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