Marijuana in The Rental Property – What Rights Do Landlords Have?
There’s no doubt that marijuana use has changed nationwide but what rights do landlords have when it comes to protecting themselves and their rental properties from tenants who may want to use marijuana?
In this article, we will share with you our San Diego Property Management tips for protecting your rental property from marijuana use.
Make Sure Your Lease Clearly States Smoking in All Forms Is Not Allowed
Over the last 30 years, many owners who have condos for rent, single family homes, or townhomes available for rent in Southern California have made it clear that they do not allow smoking by putting that language in their leases.
To avoid marijuana smoking in your San Diego rental property you must clearly state that smoking “in all forms” is not allowed in your rental property and if it’s found, the tenant will face lease termination and eviction.
Most older leases classify smoking as “cigarette smoking” so it’s best to ban it in all forms to avoid a potential legal showdown with a tenant who wants to smoke pot while facing off against you in court over their right to smoke it.
Prohibit Alternations to Your Rental for The Purpose of Growing Marijuana
Besides smoking marijuana, some people may want to grow pot in their rental property and you can avoid to renting to tenants who want to grow marijuana by prohibiting tenants from damaging your rental or make alterations to the property beyond normal wear and tear.
If you pay the utilities at your rental property, tenants should also be prohibited wasting utilities like water or electricity because both extra water and power will be needed to grow marijuana indoors and using more of each utility may constitute a waste.
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