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With Marijuana Legal, Handling Pot Smoking Tenants?
In today’s world, marijuana is becoming legal in more and more places. For some individuals, this is fantastic news, for others, not so much. Many landlords have started to become concerned about what this means for their rental units, and they have been asking us whether they have any power at all in regards to controlling their tenants’ use of it on their property. Fortunately, there are certain ways that you can legally handle this situation in order to help ensure that your rental unit stays smoke free. Today, this is the topic that we will be addressing.
Like most major rental property conflicts, the best way for a landlord to properly handle this situation is through the lease. If you are a landlord, and you do not wish for people to be smoking marijuana in your rental property, you must simply include this in your lease. Once a tenant signs the lease, they have agreed to this binding contract and are therefore legally obliged to follow it.
Take tobacco for example. Tobacco has been legal for quite a few years, but there are many non-smoking residences that are available for rent. The legality of tobacco has not stopped landlords from having the right to control whether or not people can smoke it on their property.
Because smoking can cause certain damages to the property, such as trapping scents in the furniture and home that are difficult if not impossible to get out, a landlord has a right to say no to this occurring in their rental unit. But, with that being said, the landlord must let the tenant know ahead of time in the lease. He or she cannot simply tell the tenant this new rule several months after the tenant has already lived there. If they do this, the tenant is not legally expected to abide by this rule, and he or she may wind up suing the landlord if the landlord does try kicking him or her out for it.
However, if you do include this in your lease, and your tenant signs the lease and thus agrees to this rule, you are allowed to enforce it…
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