Marijuana use in your rental property may be a touchy subject. Tenants may use it for medical reasons or to unwind after a long day. As a landlord, you may not want them smoking it because of the nuisance it can cause.
Read on to discover your rights as a landlord regarding tenants’ marijuana use and study guidelines for establishing consistent rules for your property.
- Do I Have to Allow Tenants to Use Marijuana?
- Establishing Clear Property Rules
- Can I Ban the Cultivation of Marijuana?
- Why Should I Prohibit Marijuana Use in My Rental Property?
- How to Determine If a Tenant Is Using Marijuana
- What to Do If a Tenant Has Breached the Lease by Smoking Marijuana
- Conclusion
Do I Have to Allow Tenants to Use Marijuana?
As a landlord, you ultimately have the right to establish rules for your property. This is especially true if certain tenant behaviors like smoking marijuana disrupt other tenants or cause property damage.
If you decide to ban marijuana use in your rental property, you should first familiarize yourself with the applicable federal, state, and local laws on marijuana:
Federal Law
Marijuana is currently illegal under federal law. The federal government classifies it as a Schedule I drug under the Controlled Substances Act. [1]
Federal law defines marijuana as a drug that has a high potential for abuse and has no accepted medicinal uses for treating health conditions.
Landlords and property owners may be able to prohibit marijuana use by citing this federal law. They may experience more success if they rent to tenants under federally assisted housing programs.
Changing Legislation
Legislation changes constantly, so it’s important to remain current on the most recent modifications. For example, there has been a proposal to transition marijuana from a Schedule I drug to a Schedule III drug.
While the change hasn’t yet been finalized, it may create an additional loosening of federal restrictions.
State and Local Laws
Federal law takes precedence over state law, so landlords may be able to ban marijuana on this basis. However, the Office of Public Affairs has stated that the federal government will traditionally defer to state and local governments to address this matter. [2]
Explore the state-specific laws below:
| State | Recreational | Medical |
|---|---|---|
| Alabama | No | Yes |
| Alaska | Yes | Yes |
| Arizona | Yes | Yes |
| Arkansas | No | Yes |
| California | Yes | Yes |
Local Considerations
Cities may have different regulations for cannabis products than their states. For example, even though recreational marijuana is illegal in Georgia, it’s decriminalized in cities like Athens, Macon, Savannah, and Atlanta.
Check your local laws to determine differences from your state’s laws.
Establishing Clear Property Rules
Establishing clear property rules can help maintain an enjoyable and safe environment for all tenants. Here are some ways to concisely communicate your rules:
Prohibiting Smoking
Consider prohibiting all forms of smoking on your premises. This way, you can ban a behavior rather than a substance. Specify that tenants are not allowed to smoke marijuana, nicotine, and tobacco products in any form, including cigarettes, e-cigarettes, blunts, or any device that facilitates smoking.
Specify these restrictions in your original lease agreement to prevent any confusion. Discuss your expectations with tenants so they understand that you won’t allow any exceptions. Apply the same restrictions to all tenants to avoid discrimination claims.
Addressing Medical Marijuana Considerations
Some tenants use medical marijuana to manage symptoms of chronic illnesses. If you want to avoid discrimination claims, you may consider allowing marijuana in other non-smoking forms, such as edibles. You may also consider letting tenants smoke marijuana (if your state legalizes medical marijuana) in authorized areas on the property.
However, you, as the landlord, reserve the right to decide how tenants can use your property. You may still ban medical marijuana within your lease agreement and use federal law to justify your prohibition.
Drafting Comprehensive Lease Addendums
Complement your lease agreement with a smoke-free lease addendum. Use our template or work with an attorney to ensure your addendum includes concise language that clearly defines a lease violation.
Furthermore, ensure your addendum doesn’t contain discriminatory language that bans the use of a substance because of someone’s disability or illness.
Can I Ban the Cultivation of Marijuana?
Yes. You can ban the cultivation of marijuana because this practice can result in increased moisture and mold growth, resulting in property damage. It may also present a fire risk because of the processing of THC oil involved in the cultivation process.
Consider State v. Coe (1984) as an example of the damage that marijuana cultivation can cause to a property. [3] Tenant Stanley Coe used his landlord’s rental property to cultivate marijuana. His growing operation caused severe mildew, mold, and dry rot. Coe also made unauthorized alterations to the unit’s ventilation and electrical systems.
This type of hardship can be avoided by banning marijuana cultivation from the get-go.
Why Should I Prohibit Marijuana Use in My Rental Property?
Explore some of the key reasons to prohibit marijuana use in your rental property:
It Poses Health Risks to Tenants
Even though a tenant may smoke marijuana for medicinal benefits, secondhand smoke can harm neighbors living in proximity. In particular, secondhand smoke can cause issues for children and individuals with allergies or respiratory problems.
It Disrupts Tenants’ Quiet Enjoyment
Tenants have the right to quiet enjoyment, and allowing marijuana use can disrupt this key principle. Even if a neighboring tenant’s health isn’t impacted by the secondhand smoke, the smell of the smoke can penetrate through the walls and disturb them in their quarters.
It Can Cause Property Damage
Marijuana smoke can leave a lingering odor even after a smoking tenant moves out, requiring the landlord to invest in expensive cleaning services. Furthermore, heavy smoking can stain the carpets, ceilings, and walls, resulting in unsightly property damage. Banning marijuana use can help you keep your property in good condition.
It May Cause Issues with Insurance
If you have landlord insurance or a rental dwelling policy, it may only provide coverage if no illegal activities occur on your property. Because marijuana is banned at the federal level, some insurance companies may demand landlords to prohibit marijuana to ensure claims get approved.
It Can Damage Your Reputation as a Landlord
If tenants leave online reviews stating that your rental units allow marijuana, you may experience a negative effect on your reputation. Prospective tenants may be dissuaded from moving in because they don’t want to live on a property that allows marijuana use.
If you permit marijuana on your property, you may have to improve your marketing efforts and lower your rental rates just to attract new tenants.
How to Determine If a Tenant Is Using Marijuana
Here are some telltale signs that marijuana smoking is occurring on your property:
- Distinct Odor: You may detect a strong odor that seeps into the hallways from your tenant’s rental unit. You may also smell the odor on them if they come to the leasing office.
- Stains: During an inspection, you may notice dark stains on the carpets, walls, and ceiling. These stains may come from heavy smoke or burn marks from fallen blunts.
- Behavioral Changes: Tenants who seem spacy or are noticeably more anxious or aggressive than normal may be under the influence of marijuana.
- Physical Evidence: Look for blunts, joints, wrappers, and ash residue in the tenant’s unit and outside their doors or windows.
What to Do If a Tenant Has Breached the Lease by Smoking Marijuana
If you find that a tenant has committed a lease violation by smoking marijuana, you can follow these steps to resolve the issue:
- Review the lease. Ensure that your lease or any associated addendums clearly prohibit marijuana smoking.
- Gather sufficient evidence. This includes written complaints from other tenants, pictures of marijuana use or related damages, and communication with the tenant about the issue.
- Consider resolutions. If this is a tenant’s first lease violation, consider giving them a grace period to fix their behavior. You may also come to a compromise, such as allowing them a designated area to smoke if allowed in your jurisdiction.
- Issue a notice to comply. Deliver a notice to comply, demanding the tenant to stop smoking or vacate the property. Ensure you have solid evidence and clear grounds to issue this notice.
- Initiate eviction proceedings. If the tenant ignores the notice and remains on the property, you can file a complaint in the appropriate local court to seek a judgment for eviction.
Conclusion
As a landlord, you have control over the activities that occur on your property. Thus, you can ban marijuana use as long as you’re aware of the associated federal and state laws. Treat all tenants equally when enforcing your proposed rules to ensure smooth rental operations and avoid discrimination claims.
