Special offer

Can you tell your tenants not to smoke marijuana?

By
Real Estate Broker/Owner with eXp Commercial, Referral Divison RRE-BRO-LIC-75443

I read an interesting article this morning in the January/February 2015 Realtor magazine.  The article was focused on landlords, and whether they have the right to tell their tenants not to use marijuana, which could be a concern in states where medicinal or recreational use is allowed.

 

The first major takeaway from the article was that a landlord who does not want the use, growth or cultivation of marijuana in their rental unit, can certainly takes steps to prohibit that use. The landlord would need to ensure their new leases had specific wording to that effect, or they would have existing tenants sign an appropriate lease addendum. The wording has to be clear that it is the use of marijuana that is prohibited (not just a "no smoking" statement).

 

But an issue may arise if a tenant does not abide by those rules. As the article posited, let's say a tenant who has a medical marijuana prescription asks her landlord for permission to smoke at home, and he/she says no but the tenant smokes anyway.  The landlord then takes the tenant to court to evict her. The judge could decide that the fact that medical marijuana is legal in that state takes precedence over the landlord's desires.  Rules about this issue are still being defined.

 

Marijuana is still an illegal drug on a national/federal level, but the government has agreed not to prosecute medical marijuana users in states allowing such use. The federal government's stance might decrease a landlord's ability to decide whether pot use is/isn't allowed in their rental unit.  Another interesting development is that some states will start requiring disclosure about pot-friendly properties. If that happens, real estate agents might be required to let their tenants know when homes they are interested in are near or in buildings where pot smoking is allowed; this could turn some potential renters off from a perfectly good rental property.

 

Right now landlords are not allowed to discriminate based on race, color, national origin, religion, sex, familial status, handicap, sexual orientation, source of income, and other state-specific protected classes. Will this list someday also include pot-smoker status?

 

Can you tell your tenants not to smoke marijuana?  Yes but it might not matter.  See here for the complete article.

 

 

Posted by

Kalispell, Bigfork, Lakeside and Somers areas. 

Are you getting ready to sell or purchase land or a home in Kalispell  or the surrounding vicinity? Let’s talk!

Facebook | LinkedIn
About Me
My Blog
theHouseKat.com
Email Me

(406) 270-3667
CALL OR TEXT

KAT PALMIOTTI, BROKER

 

Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

John - Or if they don't want pets.... true.

Jan 27, 2015 08:33 AM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

It will be interesting to see how this plays out.  Georgia is a long way from the neverland of legalized recreational use.  Plenty of time to see how the west coast states will handle it. 

Jan 27, 2015 08:52 AM
Mark Don McInnes, Sandpoint-Idaho
Sandpoint Realty LLC - Sandpoint, ID
North Idaho Real Estate - 208-255.6227

Hello Kat,  I read this article at a bad time.  I am presently in the middle of evicting a tenant.  An absolute nightmare.  It is like I am the one wrong and they have not paid rent, have broken window, hole chewed in front door.  Have taken electric and gas out of their name.  And yet I have an appointment with an attorney ($$$$) to be sure I do everything correctly.  Raises my blood pressure.  

Mark

Jan 27, 2015 10:01 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Kat,  It is something that landlords could have a problem with but I am not a landlord.  Sorry I could not reach you on Sunday, I wanted to sing in the rain with you.

Jan 27, 2015 11:06 AM
David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

You know there is so much to still have to be worked out on this its crazy but I never thought of this and you are right here in CO it is legal and I would write that into the lease as I wouldnt want my place smelling like that from a renter!

Jan 27, 2015 11:55 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

If that is truly to be going the case Kat, that I wouldn't legally be able to evict a tenant who smokes pot even though our lease clearly states not to, I would no longer be eager to become a landlord.

So everywhere they are banning smoking cigarettes but pot is OK? How does that make sense?

Jan 27, 2015 01:24 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Kat.  In Massachusetts this is a real problem.

Jan 27, 2015 08:12 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Jenna - True, for states not yet involved, there is time to watch!

Mark - I get it! Being a landlord is very tough; I did it once, then I sued to get back rent that was owed; I won but was never able to collect. I sold the house and never did that again!

Will - Thanks for commenting!!  I'm sorry I missed you also!

David - Yes, if you don't want tenants to smoke pot, it definitely needs to be in the lease!

Andrea - I bet if they find a medical reason TO smoke cigarettes (can't see that ever happening!) then landlords wouldn't be allowed to say no either.

Conrad - I bet! Being a landlord becomes trickier and trickier.

Jan 27, 2015 08:19 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

We say no smoking in our properties no matter what the substance is. We had tenants ruin our property with heavy smoking. It took 2 months to rid the home of the smell and thousands of dollars.

Jan 27, 2015 11:04 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Debbie - Apparently, if marijuana is medically permitted, there may come a time when landlords won't be able to prohibit that kind of smoking.

Jan 27, 2015 11:54 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Interesting topic. I have one property that I rent out that lease says no smoking, all the others do not. That would be an interesting conversation.

Jan 28, 2015 03:42 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Joe - You'll have to walk by each door and sniff!!!!  

Jan 28, 2015 07:23 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thank you for the post. Interesting question. I would  ask a real esttae attorney for the answer if it came up..

Jan 28, 2015 09:19 PM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Kat - the medical condition is the determining factor here.  It is what it is.

Jan 29, 2015 05:52 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Gita - Me too -- that's the smart thing to do.

Grant - True; landlords who don't want the odor in their home might have trouble stopping it.

Jan 30, 2015 05:19 AM
Roy Kelley
Retired - Gaithersburg, MD

This is a very important topic for real estate investors. There are no easy solutions.

Feb 01, 2015 06:23 AM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

I could see where this becomes an issue. States have worked so hard to ban smoking in their schools, communities, states, etc. With this new twist, there will be challenges.

Feb 13, 2015 09:57 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Roy - I can see why landlords might lose their ability to control this specific issue.

Patricia - I totally agree; there certainly will.

Feb 13, 2015 10:41 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

As a Realtor and Landlord in a state where Marijuana is legal; I am constantly counseling my clients on not to go overboard on restricting peoples rights. I do restrict smoking cigarettes from my rentals and ask tenants to go outside...

Jan 02, 2022 08:48 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Wow, this is an old post! Our state allows marijuana use as well. I haven't been asked any marijuana-related questions yet (here).

Enjoy your Sunday!

Jan 02, 2022 11:08 AM