Marijuana is rapidly becoming an acceptable drug throughout the United States. Each year, more states are changing their laws legalizing the use and sale of marijuana.
Marijuana is incredibly versatile, allowing users to smoke or consume it as an edible. While recreational use is widely popular, many people use marijuana for medical reasons such as improving their quality of life.
With marijuana laws continuing to change, both landlords and renters wonder about the rules for smoking in apartments. As a landlord or property manager, you may support the legalization of marijuana, but have concerns about its use in your apartments.
Are you wondering how best to handle marijuana use in your properties? Here’s what you need to know about renting to tenants who using marijuana.
Is Marijuana Legal in Your State?
The first item to consider is whether or not marijuana is legal in your state. If it’s illegal for both recreation and medicinal purposes, you have every right to prohibit the use of marijuana in your apartment. Marijuana is legal to use and grow in the state of California.
You should also note marijuana is still illegal at the federal level. This is an important law to consider as you draft policies regarding marijuana use in tenants.
Do the current lease policies prohibit any illegal drugs and activities? If yes, then a landlord can use this provision as a reason to prevent the use of marijuana in an apartment regardless of state or local laws.
Landlords should do their best to make everything clear in their leases, such as following both state and federal laws. The inclusion of federal laws will make it clear that marijuana use is not permitted.
Some landlords struggle with prohibiting marijuana smoking in apartments. While prohibiting marijuana use will keep the apartments clean and in good condition, it can also turn away potential tenants. As a landlord, you’ll have to consider the pros and cons of marijuana use on your properties.
Is the Marijuana Recreational or Medicinal?
Not everyone uses marijuana for recreational purposes. Many states allow the legal use of medicinal marijuana to ease chronic illnesses and pain, such as cancer. What should you do if a potential tenant uses medical marijuana as a note from the doctor?
Since marijuana is still illegal at the federal level, landlords have the right to prevent the use of medical marijuana in their apartments.
Like above, this can be a difficult choice to make as it also turns away potential tenants. You can make exceptions in your lease for medicinal use with proof from a doctor. Since marijuana is consumable in many forms, you can prohibit smoking in apartments, but approve of edibles.
What Are Your Policies Regarding Smoking in Apartments?
Smoking in apartments or rental properties can cause major damage to the interior. The smoke can damage the carpeting, ceiling, and walls while leaving behind an unpleasant stench. Cleaning the apartment to remove the stench and damage can be a time-consuming and costly process.
Due to these effects, most landlords will prevent smoking or avoid renting to smokers.
States with laws permitting marijuana use often prohibit smoking in public. This causes many marijuana users to enjoy their cannabis inside their place of residence. You should also note that enforcement policies regarding marijuana are much more relaxed.
If you decide you don’t want marijuana used in your properties, you’ll need to make it expressively clear. Review your current smoking policies and make sure any rules regarding smoking and marijuana use are easy to understand.
You can, however, make exceptions. Some landlords will prohibit smoking in apartments, but allow it for specific reasons, such as medical marijuana use.
Concerned about cleaning? You can make your lease policies clear that cleaning the damage will come out of the tenant’s deposit.
What Else Should You Consider?
Whether or not you choose to allow marijuana use on your property, there are few more factors you’ll need to think about.
Assuming your state allows it, permitting marijuana use in your properties may attract a greater number of potential tenants. Many respectable and responsible individuals enjoy marijuana and are willing to keep their apartment clean. There are, however, many less-than-ideal individuals who may leave your apartment trashed when they leave.
Do your lease policies address growing marijuana? Growing marijuana inside is becoming more popular. Grow lights can require a significant power load to function which can lead to electrical and power issues in the apartment building.
Banking Issues
Many banks have rules and requirements regarding mortgages and marijuana use. There might be a clause in the loan regarding compliance with state and federal laws. This means you could have a breach of loan documents if you allow marijuana use in your apartments.
Marijuana is a cash-only business. Since marijuana is illegal at the federal level, banks won’t work with any funds associated with marijuana. This can affect your ability to place and manage rental funds with your bank.
Insurance Issues
Like with banks, insurance providers may have specific requirements you must follow to maintain insurance. Allowing marijuana use on your property may cause insurance companies to deny E&OE (errors and omissions excepted) insurance. Others may deny any claims associated with any legal marijuana use.
Should You Add an Addendum?
Adding an addendum can be the answer you’re looking for. An addendum can set conditions on marijuana use such as banning smoking in apartments but allowing the use of vapes and edibles. It offers a partial ban but offers rules and penalties regarding marijuana use on your property.
Your tenant will sign the addendum to verify they read and understood it. If something should happen, you can place a complete ban on marijuana use in your apartment.
Can a Landlord Prohibit Marijuana Use?
In short: yes, they can. The landlord is the primary owner of the apartment or property they rent.
The most important factor when considering whether to prohibit smoking in apartments is to ensure all rules and policies are as clear as possible. This will prevent confusion and potential issues with your tenants.
Have questions or want to learn more about managing your property? Ask us. We’re happy to help you with any of your rental questions and needs.