What should a landlord do if a tenant smokes cannabis?

Some respond politely, but others deny smoking, assert a right to smoke, assert a Human Right to smoke, or even further suggest that prohibiting smoking cannabis interferes with their use of their “medicine”. What does a landlord do? What must a landlord do?

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.

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.

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.”

Can a landlord prohibit a tenant from smoking marijuana?

In fact, Colorado’s Amendment 64, California’s Proposition 64 and Alaska’s statute AS 17.38.120 (d) all specifically allow a landlord to forbid it. Chapter 475B of Oregon’s revised statutes don’t mention the landlord’s right to prohibit marijuana smoking, but it does reaffirm the landlord’s right to prohibit smoking in general.

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.

How can a landlord tell if a tenant is smoking?

Thankfully for us landlords, we’ll be able to tell someone is smoking by smelling the floors, ceiling, or walls. The downside of this is that it’s incredibly hard to get rid of completely. In addition to a terrible smell, marijuana and cigarettes can leave stains.

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.