We rent a one bedroom downstairs flat to a young couple. My family and I live upstairs. The tenants signed a one year lease and moved in on July 1. The lease specified no smoking in the apartment. Beginning a few weeks after they moved in, we have smelled almost daily the odor of marijuana coming from their apartment. I smelled it again tonight and went downstairs and as I reached their door the tenants were came out with friends and the pot odor nearly knocked me over.

What are my rights as a landlord since I can't prove they are using illegal drugs? I don't want drug users in my place especially with our kids upstairs. I haven't said anything to them yet because I want to know my rights and what I can and can't do. I'd like them out.

Hello The:

I'll bet you have a clause in your lease that says the premises will be used for legal activities only, so you can evict them on those grounds. Tell the judge that you smell pot. They'll say they don't smoke. In order for you to prevail, the judge has to believe you just a hair more than he believes them. Bring all your witnesses to court. You should win.

excon

PS> Don't call the cops. It's only pot, for crying out loud.

I would contact my local police department for advice, possibly even meet them at the apartment. Let them knock on the door and document the smell of pot in their report. Proceed with an accelerated eviction due to illegal drug use. If you let this slide as a harmless crime you may soon find an increase of property crimes in and about your neighborhood.

Yes, call the cops every time you smell it... and give them a warning in writing that they are violating the terms of the lease. If they violate again, give them an eviction notice.

Arguments about pot aside, a contract is a contract.

See here for information on evictions in your state:
https://www.askmehelpdesk.com/real-estate-law/state-landlord-tenant-laws-other-helpful-information-25845.html

Advise the tenants you smell the smoke and know what it is... they can stop smoking in your apt and leave at the end of the month; or, if you smell it again, you will call the police, document what they are doing and start eviction.

Give them a warning.

Thanks for the advice, sent a letter return receipt requested stating that if if happens again the cops will be called and they'll be evicted

For future reference, getting an actual signature on such mail is problematic.

You are better served to use USPS delivery confirmation service whereby you can track placement of the mail in the box or delivery receipticle rather than depend on an actual signature.

Also, sending a copy REGULAR MAIL with note on the mailing piece that a "duplicate is being sent regular mail" assist you in documenting receipt.

To add to this: Handing it to the tenant is a good option too. In my state it is considered the best option.

A few years ago I got a call from a Phoenix Police Officer, reporting a third heroin overdose in a condo that I rent out. He faxed to me all of the necessary paperwork to do an almost immediate eviction because of criminal activities on the premises. Check with your local PD, and see if such remedies are available in your area.

Hello folks:

Let's not get carried away here. This is marijuana we're talking about. Marijuana doesn't kill, and the people who smoke it don't steal to get it. Pot heads work hard and pay their bills. Their neighborhoods don't deteriorate because of it.

In addition, Dr. D, Arizona is one of those states where medical marijuana is legal with a prescription. The Cardinal could live in one of those states, and his tenant could be smoking it legally.

The Cardinal, clearly, can set the rules for his establishment, and it looks to me like his problem solving approach is reasonable. If his tenants have a prescription, they'll have an opportunity to discuss it, instead of being thrown on the ground, at gunpoint, with a foot on their neck, and hauled off to the slam.

excon

I am in full agreement with excon's views on the "dreaded reefer madness". I think that all drug usage should be de-criminalized.The money that is spent putting those people in jail could be put to better use for treatment programs and educating kids so they don't get on drugs. I was just trying to provide a solution to a problem. I think there is some provision in the law that can jeopardize the landlord's ownership of the property, if they allow known "criminal activity" to continue on the premises.

When you pay the taxes on your own home, then you can make the rules. This is the landlords property and the LL gets to make house rules. Whether it is legal for the tenant to smoke marijuana is immaterial if the landlord has given warning or has a policy that the smoking marijuana in the unit is unacceptable.

Hello again:


Whether or not it is legal for the tenant to smoke marijuana is immaterial if the landlord has given warning or has a policy that the smoking marijuana in the unit is unacceptable.

I don't think so. A warning for what? To stop doing something he has every legal right to do? Legal marijuana use is no different than legal aspirin use. What you say is true, however. The landlord makes policy. His policy is reflected in the lease his tenants sign. If there was NO mention of marijuana in the lease, the landlord can't change the rules mid-stream.

excon

The landlord can add to the rules at any time with proper notice for them to become effective, so long as they do not substantially change the terms of the lease. If you refer back to the original post, the landlord has a no smoking policy. End of story.

I live in New York State where landlords can be held legally responsible for the illegal activities of their tenants. The lease stipulated No Smoking in the apartment. We have a 6 year old son, an 11 month old daughter, and we just found out last week that #3 will arrive sometime in April. We just don't want this going on in our house. If it is that important to them to be able to enjoy smoking marijuana, they know how we feel and they can choose to go someplace else.

You can kick them out. I know, I've been evicted for drug use in 2 states :P

Can I evicte someone who I never said could move in, never pays bills or rent. And now she's telling me I have 30 days to evicte her!! (My son's no good pill headed girlfriend)