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Jake2008 · Mar 16, 2009, 07:31 PM

Here's the story.

A renter, single, is in an apartment in a multi-apartment building. One of the other tenants complains to the property manager that when he passes this apartment, he smells marijuana smoke.

According to the manager, they have the 'right' to call the police on this fellow because he is doing something illegal. He also says that he can evict him because, again, he is doing something illegal.

Further, he states that the tenant can be charged, and he has to prove that he isn't doing anything illegal.

I've had this argument with this person in the past that he cannot presume somebody is doing something illegal, have him arrested by calling the police, and then evict him.

What, if any, protection is there for the tenant for his privacy?

Fr_Chuck · Mar 16, 2009, 07:43 PM

If they landlord believes there is illegal activity they may do inspections of the property to investigate.

Also not sure your local law, here if a officer is trained in the smell and detection of pot, and they smell it, that can be used for a search warrant.

Or the CI ( person reporting the smoking) can be used for a warrant.

Pot smoke it a obvoius smell to people that know it,

Jake2008 · Mar 16, 2009, 07:49 PM

Rats! I was hoping he was wrong.

It's always an iffy thing with possession only for personal use, which is probably what this is.

Thanks Chuck, this gives me a good idea of what could happen.

Fr_Chuck · Mar 16, 2009, 08:11 PM

It all sort of just depends on the rental,
Most apartment complexs, they could care less if the rent is paid, and even if maintenance sees drugs, ( OK they may steal them) but they seldom report things.

But I know here in public housing, or the government owned housing, they even have full time sworn police that do nothing but patrol these units all the time, If they catch drug use, they evict the people with only a few days notice, even the people in the apartment that don't use drugs.