As laws change constantly, landlords and property managers are unsure what should be included in their leases regarding marijuana use. It is possible to ban smoking. However, they may not know what to do when tenants smoke weed in their apartments. The only way to gain clarity to confusion is by learning the facts.
When Is the Use of Marijuana on Rental Property Illegal?
As a property owner, it’s vital to familiarize yourself with the laws in your state regarding marijuana use. Laws can vary greatly, with some states fully legalizing marijuana, while others only permit its use for medical purposes only. In some states, smoking marijuana remains illegal under all circumstances.
If marijuana use is prohibited by law in your state, you must also prohibit it on your rental property. This makes it simpler for you as a property owner, as you’re only following the laws of your state. Before a tenant moves in, make sure they sign an agreement acknowledging the illegality of smoking marijuana. It must also include the penalties for breaking the law.
It’s also important for your tenants to know your policy for reporting criminal activity to the police. This includes reporting illegal weed smoking on your property. If you plan on imposing fines or other penalties, make sure your tenants are aware of these terms as well. Having clear policies can ensure that your tenants understand the rules and consequences surrounding marijuana use on your property.
What Can You Do When Marijuana Use Is Legal?
When marijuana use is legal for either recreational or medical purposes, the options available to property owners become more limited. Legal use of the drug cannot be reported to the police, so it won’t discourage tenants from smoking.
However, as a property owner, you can still regulate the use of marijuana on your rental property. A legally valid and effective way of prohibiting marijuana smoking is to ban all smoking altogether. If your state has a law prohibiting indoor smoking, you can extend this ban to your rental unit.
When communicating your “no smoking” policy, make sure to clearly state that it includes smoking marijuana and vaping. It’s important to research the state laws regarding smoking bans, as they can be complex. Some state laws are vague. They don’t define what is meant by smoking, while others only prohibit the smoking of tobacco products. Some states have updated their laws to include the smoking of marijuana as well.
As a property owner, you have the legal right to ban smoking on your property in almost any situation. This is because smoking can cause permanent odors and stains on the walls of rental units. It also poses a health hazard to other tenants by spreading secondhand smoke through vents and ducts.
Is Smoking Marijuana a ground for Eviction?
When a tenant violates your policy against marijuana use in your rental property, you may take action promptly. How the smoking ban is stated in the lease agreement will determine your control in evicting the tenant. If the smoking ban is a part of the lease, you can file for eviction for the violation.
However, if it is not explicitly mentioned in the lease, you have a lower chance of a successful eviction. In such cases, it is crucial to provide evidence and document instances where the tenant has disregarded the smoking ban. It is more difficult to provide compared to a signed lease agreement.
It is advisable to seek the guidance of a local attorney. They can provide more comprehensive information on the legalities surrounding marijuana use in rental properties. Lawyers can inform you of the relevant laws and provide personalized advice to ensure that your tenants adhere to your rules.
Finding compliant tenants.
Despite having clear details on your lease, you still don’t have full control on how your tenants would behave. However, there are ways to avoid conflict, and that is by finding the right tenants who would respect your rules.
After your rental agent publishes your listing on Padleads and syndicates it to popular websites, he must conduct a thorough screening for every rental applicant. Receiving many applicants should not hinder Getting an idea on how compliant a potential tenant would be will be worth the effort.