If my roommate sells drugs out of the house, what would happen to me if the house is busted for drugs?

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If my roommate sells drugs out of the house, what would happen to me if the house is busted for drugs?

I wasn’t aware he sold drugs prior to signing the lease.

Asked on December 4, 2012 under Criminal Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there is evidence or reason to think you were involved, then you could be arrested and face charges, too. If any of the drugs are, for example, found in your room or among your belongings (if, say, the roommate hides them there), or if the roommate tries to implicate you to reduce his own charges or penalty, then you run a significant risk of criminal liability. Since he is putting you at risk, you may wish to contact the police yourself to report his drug use, as a way of showing them that you are not involved; obviously, you need to weigh that against any physical danger or risk this may put you in. Another option, if you can afford to potentially be held liable by the landlord or roommate for your share of the rent for the remainder of the lease term, is to break your lease and move out--you'll still be obligated under the lease, but that may overall be a better option.


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