Useful Tips

Can a landlord evict a tenant for smoking marijuana?

Can a landlord evict a tenant for smoking marijuana?

Whether a landlord will be able to evict a tenant for smoking marijuana based solely on the illegal activity clause depends on the circumstances. Many judges won’t evict when the tenant doesn’t have a history of breaking the law and the illegal act is relatively minor (especially if marijuana is legal under state law).

How to put a marijuana ban on a rental property?

If you want to set up a partial ban, simply specify the parameters. For example, “Marijuana smoking is prohibited inside the rental property but is allowed outside and on the balcony/porch/patio areas” or “Marijuana smoking and vaping are strictly prohibited. Marijuana may only be used in the form of edibles or synthetic pills.”

Do you have to mention marijuana in your lease?

Not mentioning marijuana in your lease can make for loopholes and give tenants leeway. So, if you’re against tenants smoking weed, be upfront about it. If your main concern is the smell or damage that is caused by it, then require that your tenants smoke outside.

Can a tenant in a shared house smoke Canabis?

Hi, we have a tenant in a room in a shared house on 6 month Ast, found out after 2 weeks he was smoking canabis, told him he was not suitable and had to leave. He agreed to leave but asked for extra m … read more

Whether a landlord will be able to evict a tenant for smoking marijuana based solely on the illegal activity clause depends on the circumstances. Many judges won’t evict when the tenant doesn’t have a history of breaking the law and the illegal act is relatively minor (especially if marijuana is legal under state law).

If you want to set up a partial ban, simply specify the parameters. For example, “Marijuana smoking is prohibited inside the rental property but is allowed outside and on the balcony/porch/patio areas” or “Marijuana smoking and vaping are strictly prohibited. Marijuana may only be used in the form of edibles or synthetic pills.”

Not mentioning marijuana in your lease can make for loopholes and give tenants leeway. So, if you’re against tenants smoking weed, be upfront about it. If your main concern is the smell or damage that is caused by it, then require that your tenants smoke outside.

Can a tenant smoke in a rental unit?

Tenant Rights to Smoke Cigarettes or Marijuana in Rental Units Federal, state, and local laws, as well as your lease or rental agreement, can restrict or ban smoking in a rental unit. By Ann O’Connell, Attorney You just signed a lease that has a no-smoking clause.

What should a landlord do if a tenant is using drugs?

As a responsible landlord, you are duty bound to act once you find out the tenant is using illegal drugs. Taking action ensures the tenant is dealt with before they cause irreparable damage to the property or becomes a nuisance in the local community. The main signs to watch out for include:

Tenant Rights to Smoke Cigarettes or Marijuana in Rental Units Federal, state, and local laws, as well as your lease or rental agreement, can restrict or ban smoking in a rental unit. By Ann O’Connell, Attorney You just signed a lease that has a no-smoking clause.

How are landlords affected by national smoke free legislation?

Landlords who have properties which have common parts, are affected by the National Smoke Free Legislation . Landlords are required in these properties to have the correct notices and signs displayed so that all of the tenants are made aware of their responsibilities.

What happens if landlord allows tenant to smoke drugs?

Under the Misuse of Drugs Act 1971 a landlord can receive a maximum of 14 years in prison and/or a fine if they allow the production or consumption of controlled drugs to take place in rented accommodation. The Anti Social Behavior Act allows the police the power to close up your property until they are satisfied that a stop will be put to…

What happens if you find out your tenant is using drugs?

Additionally, the manufacture of some drugs, like methamphetamine, can make the property uninhabitable for future renters — at the very least, it could decrease property value and make it hard to find new tenants. There are several actions you can take if you suspect your tenants are engaging in illegal drug activity:

Is it legal for a tenant to smoke inside the building?

No matter which state you live in, most landlords require tenants to smoke outdoors, often a certain amount of feet from the building door. Smoking inside the unit is virtually never allowed. You probably have it in your lease agreement that smoking is prohibited within the unit.

Can a landlord be liable for illegal drug use?

Illegal drug use and dealing in your rental property can cause problems for you as a landlord. You could be liable for the activity itself and, in some cases, liable for injuries or other harm to tenants or community members stemming from the illegal activity.

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