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Tenants smoking pot - Landlord Forum thread 337738

Tenants smoking pot by Sara (Maryland) on July 30, 2015 @10:02

                              
So I have a few neighbors around my rental unit. A woman I know sent me a message that my tenants are smoking pot in the unit. Anyway, I'm kind of torn as to if it's a big deal or not. In Maryland marijuana has been partially decriminalized and medical marijuana is completely decriminalized. I know they have medical issues....

If I get the police involved I imagine it just to be a small fine etc...
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Re: Tenants smoking pot by MrDan (Georgia) on July 30, 2015 @12:01 [ Reply ]
Being a 'Big Deal or Not' depends on how you look at the potential problems a landlord can face.

Many insurance companies do not have to cover damage caused by illegal activities. (Marijuana is still illegal on the Federal level) Landlords should contact their insurance company to see if they decline coverage based on the federal illegality of marijuana.

A landlord concerned about medical marijuana should include a written policy in the lease, being clear with tenants about your policies on smoking or growing marijuana in the units. Any growing of marijuana requires significant amounts of water, heat, and humidity, which can create mold issues in properties.

If your lease prohibits smoking tobacco on the property, the landlord should amend it to prohibit the smoking of marijuana. If the lease prohibits illegal drug activity, but does not specify federal or state law, it will need to specify federal law if the landlord wants to prohibit marijuana use in a state that permits it.

Landlords must also address the issue of cultivation of plants. While some states allow certified individuals to grow marijuana plants for individual use; such growing requires significant electricity, water and heat. A landlord may want to specifically prohibit the cultivation of marijuana plants in the lease, even when the tenant is responsible for paying for utilities.

It’s also important to check that your tenants have documents showing they are legitimately part of the state’s medical marijuana program.

Another concern is decreasing property value and potential damage to your rental property. The biggest problem is getting rid of the odor of marijuana if indoor smoking is permitted.
Re: Tenants smoking pot by anon (CA) on July 30, 2015 @23:07 [ Reply ]
I would eliminate marijuana. There is nothing good or beneficial to you that will happen as a result of marijuana being in your property.
Re: Tenants smoking pot by Anonymous on July 31, 2015 @09:05 [ Reply ]
First of all, you have a "woman you know" telling you this. Proof? How do you intend proving this? And if it's medical? I'd stay the heck out of it.
Re: Tenants smoking pot by Crystal (Arkansas) on August 8, 2015 @22:14 [ Reply ]
Just my thoughts, but even if a person is legally allowed to do something, they still can't interfere with other tenants and their quiet legal enjoyment of their units. So if a neighbor can smell marijuana and finds it objectionable, it could be a lease violation. Just as a tenant with a service or emotional support animal still cannot let objectionable pet odor escape the unit, the marijuana being medical would not mean that they can stink up their neighbors apts.

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