If your apartment complex has a “no smoking” policy, can a landlord evict a tenant who smokes pot? There are some ways to avoid getting evicted for smoking pot in your building. Keep reading for helpful advice. You can get the building to implement a no-smoking policy, as well as strategies for dealing with a neighbor who smokes marijuana.
Can a landlord evict a tenant for smoking marijuana based on a lease’s “illegal activity” clause?
Can a landlord evict ta tenant for smoking marijuana based on ‘illegal activity’ clause in a lease? Probably not. While marijuana is officially legal in many states, federal laws still prohibit the use of it in many apartments and housing units. This makes enforcement of these laws a challenge.
To avoid any legal problems, landlords can put their rules in writing. While a landlord cannot outright ban the use of marijuana, he can restrict its use to specific areas and specify penalties for violating the rules. If the landlord is concerned about secondhand smoke, they can allow marijuana smoking in certain areas of the apartment, but make sure to mention that it’s illegal in other areas.
The notice of eviction must specify the reason for the demand for a tenant to vacate the property, including any illegal acts the tenant may have committed. If the landlord stated that he had no tolerance for illegal activities, then the notice period for eviction would be 14 days, while for all other cases, it’s 20 days.
A landlord may evict a tenant for smoking pot based on a lease’s “ill-gotten” clause, but this is rarely successful. While marijuana is still illegal under federal law, landlords may still have the right to evict a tenant for it. A landlord must be clear that marijuana use is prohibited before the tenant agrees to move into the property.
To avoid the pitfalls of eviction based on a lease’s “ill-gotten” clause, it’s important to enforce a strict no-smoking policy. The landlord’s legal argument may not stand up to scrutiny by judges. So how can landlords protect themselves? In addition to incorporating a solid no-smoking clause in the lease, it’s also essential to enforce it consistently.
The emergence of legal marijuana and legalization of cannabis has changed the priorities of law enforcement agencies. Police rarely engage in disputes involving marijuana, unless someone is violating another law. The legalization of cannabis also changed the priorities of government agencies. In many jurisdictions, cannabis usage is still illegal by default. Therefore, a landlord’s ability to evict a tenant for smoking marijuana is no longer justified based on a lease’s “illegal activity” clause.
It is rare for a landlord to evict a tenant for smoking pot based on a lease’s “ill-gotten activity” clause. Instead, the landlord’s best bet is to devise a solution for the landlord and tenant that works for both parties. If it’s possible, the tenant can simply switch to edibles or smoke outside.
Legal marijuana laws are changing rapidly. Some states have legalized marijuana for medical use, but federal law still prohibits marijuana sales, plant growth, and distribution. If a landlord leases property to a cannabis-related business, he is aiding an illegal enterprise by allowing the tenant to smoke pot. This means that the landlord’s anti-drug or anti-crime policy may no longer protect him from an eviction for smoking marijuana.
Getting a no-smoking policy in a building
Many building owners are interested in adopting a smoke-free policy, and 47% of current renters want to live in a smoke-free building. While the transition to a smoke-free building can be challenging, it has a number of benefits. For starters, it will reduce fire hazards and make the building smell better. And it will also protect your tenants’ health.
Once the tenant agreement is signed, the landlord can institute the smoking ban. The smoking ban can go into effect thirty to sixty days later. After that, smoking will no longer be allowed in units and in the common areas, such as the pool or playground. Although you can still smoke in a car, it must not be drifting into the windows of nearby residents. The no-smoking policy can be implemented in the unit of a tenant whose lease ends. Of course, this change can cause some tenants to quit the building, but they should comply with the new policy until the lease is finished.
Besides the health benefits, a smoke-free policy also helps buildings earn LEED certification faster. The US Green Building Council (USGBC) and the Canadian Green Building Council (CCGB) are two agencies that are determining the best way to meet the requirements of LEED certification. Both agencies require that building owners control tobacco smoke from its residents and visitors. The goal of these programs is to protect building equipment, furnishings, wall treatments, and other valuables from the hazards of second-hand smoke.
Once you’ve adopted a smoke-free policy, the next step is communicating the policy with residents. You should give your tenants plenty of notice before the policy takes effect and give them an opportunity to ask questions and voice concerns. Additionally, if necessary, give tenants information on local cessation resources. They’ll appreciate the effort! After all, you don’t want to leave people in an uncomfortable environment!
Once you’ve adopted a smoke-free policy, make sure you follow up with residents who violate it. In addition to communicating with residents, landlords should also document their enforcement efforts. Use the standard lease violation form to track any violations. Then, keep the documentation of any warning letters sent to residents and their responses. Keep a record of all such violations. You never know who might be smoking in the building next door.
If you’ve already implemented a smoke-free workplace policy, you’ll find compliance much easier. In fact, businesses that have implemented smoke-free workplace policies find enforcement much easier and compliance rates higher than those with a mixed policy that allows smoking in certain areas. For example, some offices allow smoking on the porch, but no other part of the building. Smokers should stay well away from the doorway. Infiltrating smoke into the building can cause an asthma attack.
Dealing with a neighbor who smokes marijuana
If you have a marijuana-using neighbor, you may wonder how to deal with their smoke. It is perfectly legal in some states, but it’s not always safe to be in close proximity to someone who is smoking. Especially if you have a toddler, you might worry about the smell of marijuana drifting through your window. The only way to deal with this situation is to discuss it with them, since they may not be aware of the smoke coming into your house.
If you’re worried about your relationship with your neighbor, it’s always a good idea to talk to them about their habits. You can suggest products that will remove the smell and odor from their property. You can also suggest edible marijuana to reduce your neighbor’s pot smoke. However, don’t be aggressive – it’s not wise to shout at your neighbor. If your neighbor continues to smoke weed in your neighborhood, they may be kicked out.
If you’re a landlord, it’s important to understand that marijuana smoking is legal in some states and isn’t necessarily a fire emergency. If your neighbor is smoking marijuana indoors, a police officer may come and issue a citation for the nuisance. They may even ask the neighbor to smoke elsewhere. If this is the case, however, you can approach your landlord to handle the situation.
In some instances, the smell of marijuana can spread through your neighborhood, and you may want to contact the landlord to make sure the neighbor doesn’t smoke in your home. Marijuana smoke can be particularly bothersome, but if you don’t want to evict your neighbor, you may want to consider mediation. The good thing about mediation is that it doesn’t cost much, so it can help you get the solution you’re looking for.
If you’re concerned about the safety of your children, you can report the activity to the police. However, many police departments will not respond to complaints of marijuana use when they’re made privately. Besides, this is a potentially hazardous situation since the police may get involved if the marijuana is being smoked illegally. You can also check the rules of your complex and contact the police if necessary.