Re: Tenants smoking pot - Landlord Forum thread 337740

Re: Tenants smoking pot by MrDan (Georgia) on July 30, 2015 @12:01

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.

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