Question About Halfway Houses and Landlord / Tenant Laws?
Question by Richard RIGHT: Question about halfway houses and landlord / tenant laws?
I’m the director for a halfway house / recovery house in Indianapolis, Indiana. I know there’s an Indiana statute that says the landlord laws don’t apply to properties operated by institutions for educational, religious or counseling purposes. But how can I write the contract so that we have the right to immediately evict someone for drinking or using drugs while a part of the program?
Thanks guys, you helped me a lot. Particularly helpful is the fact that you’re pretty much in agreement with each other on what you’re saying. But yes, I’ll speak with an attorney friend of mine, as well.
Best answer:
Answer by Bill
The landlord of the property you are renting will not be involved with your clients/patients only you or your organization. Your admission forms would be where you state that any clients/patients can be immediately expelled for use of alcohol or drugs while in the program. The clients/patients are not considered renters under state laws.
Answer by Anonymous
The people living in your home are not tenants, they are clients. This makes them governed by different laws.
In your client intake forms, you can include a zero tolerance policy for drug/alcohol use that includes immediate “dismissal from the program”. If they’re dismissed from the program, they are no longer allowed to live in the home. It’s not an eviction, its a dismissal.
I highly recommend talking to an attorney and having their guidance when writing your contracts. There are many things to consider in your paperwork, and you want to be on the legal up and up. Also, you need to have a discussion about your liability if you dismissed the person. Since you are a treatment facility, you have responsibility if they are dismissed and something bad happens.
You just want to know your obligations and rights. You’d hate for an organization that is helping people to get shutdown because they got sued by one person.