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Do i have to witness a renter smoking pot to evict - Landlord Forum thread 357823

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Do i have to witness a renter smoking pot to evict by Jessica (WA) on June 21, 2018 @18:36

Getting complaints of renter smoking pot, does landlord have to witness this or just by other rents saying they smell it
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Re: Do i have to witness a renter smoking pot to evict by Anonymous on June 21, 2018 @22:38 [ Reply ]
Are they smoking in a non-smoking unit?? Do they have a medical marijuana card?? I don't think you have enough information to act.
Re: Do i have to witness a renter smoking pot to evict by MrDan on June 23, 2018 @13:25 [ Reply ]
Adults over the age of 21 can use recreational marijuana at home in Washington State.

A landlord can prohibit tenants from smoking pot by including the rule as a clause in the lease. If the issue comes up after the lease has been signed without such a clause, the landlord would likely need to rely on an anti-drug or crime policy that hopefully was included in the lease.

If no such clause exists, the landlord may have difficulty preventing renters from legally smoking marijuana during the term of the lease.

If your lease prohibits smoking or has an anti-crime or drug clause, the legality of marijuana use even on a state level is irrelevant; you should be able to enforce the lease and prohibit smoking in the unit. It may be difficult to evict the tenant after a single violation. Allowing the tenant to remedy the situation first would likely be the most successful course of action.

There is the untested question of enforcement, even if the landlord did catch the tenant smoking marijuana. So far no Washington landlords have yet tried to evict tenants for the recreational use of marijuana, so no courts have yet to rule on the matter.

All is not lost. If you donít prohibit marijuana, then you can demand that the tenant stop disturbing or causing a nuisance to other tenants. Regardless of your policy, tenants are never allowed to disturb other tenants. If the behavior persists, you could start eviction proceedings. If your lease contains crime-free language, you may have the right to serve a Notice to Quit, meaning a right to terminate the lease. The difference between a Notice to Quit (get out) and a demand (comply or get out) is whether the tenant has a right to cure.

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