Marijuana in The Rental Property – What Rights Do Landlords Have?

Marijuana in The Rental Property – What Rights Do Landlords Have?

Johana Williams By Johana Williams · Reviewed by Peter Evering ·Jan 2018 ·2 min read

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.

Get Professional Property Management Here

For professional property management in Southern California contact Utopia Management today by calling us at (858) 598-1111 or connect with us online.

Johana Williams

Johana Williams

Regional Manager, Utopia Management

Johana Williams is a Regional Manager at Utopia Management with more than 20 years in property management and operational leadership. She writes about property management, landlord-tenant rules, and the rental market for Utopia Management.

Subscribe to our Weekly Newsletter

Exclusive insights for over 10,000 homeowners, straight to your inbox.

"*" indicates required fields

By filling out and submitting this form, I consent to receive marketing emails and SMS messages from Utopia Property Management.

You may unsubscribe or change your preferences at any time. Your personal information will be handled in accordance with our Privacy Policy.

30 Years Experience · 9,000 Properties Managed · 4.9 Star Rating
Client Reviews

Trusted by Thousands of Owners

4.9
★★★★★
★★★★★

2,266 verified reviews

  • K
    Kase Weston
    5 out of 5

    I love how dependable Utopia Property Management is. Maintenance happens promptly, rent collection remains…

  • F
    Finnick Turner
    5 out of 5

    Utopia Property Management made property ownership enjoyable and rewarding. I see stable income, happy…

  • B
    Brantley Hall
    5 out of 5

    I feel stress-free with Utopia Property Management. Daily operations, tenant concerns, and maintenance…

  • C
    Cullen Briggs
    5 out of 5

    Utopia Property Management ensures every detail gets attention. I maintained high-quality units, kept tenants…

  • E
    Ellis Henry
    5 out of 5

    I gained real peace of mind with Utopia Property Management. Emergency repairs, regular inspections, and…

  • R
    Rhodes Walker
    5 out of 5

    Utopia Property Management keeps everything running perfectly. I resolved tenant issues quickly, coordinated…

  • S
    Shepherd Miles
    5 out of 5

    I enjoy working with Utopia Property Management. Rent collection runs reliably, repairs occur promptly, and…

  • J
    Judson Hale
    5 out of 5

    Utopia Property Management turned property management into a smooth experience. I handled tasks efficiently,…

  • H
    Holt Anderson
    5 out of 5

    I feel confident in my investments thanks to Utopia Property Management. Inspections, preventive maintenance,…

  • L
    Lawson Barrett
    5 out of 5

    Tenant relations became positive and easy with Utopia Property Management. I addressed concerns quickly, kept…

  • F
    Flynn Rivers
    5 out of 5

    I trust Utopia Property Management completely. Leasing, maintenance, and rent collection occur seamlessly,…

  • Z
    Zayne Marshall
    5 out of 5

    Utopia Property Management improved tenant happiness noticeably. I responded to requests easily, repairs…

  • T
    Tate Emerson
    5 out of 5

    I love how organized Utopia Property Management keeps everything. Financial statements arrive on time,…

  • R
    Ryker Boone
    5 out of 5

    Utopia Property Management exceeded my expectations. I handled leasing effortlessly, units stayed occupied,…

  • R
    Rylan Hayes
    5 out of 5

    I feel fully supported with Utopia Property Management. Maintenance happens promptly, tenants communicate…

  • R
    River Brooks
    5 out of 5

    Utopia Property Management made ownership enjoyable. I experienced seamless rent collection, quick…

  • L
    Ledger Scott
    5 out of 5

    Attention to detail defines Utopia Property Management. Inspections, maintenance, and reporting are all…

  • B
    Briggs Hunter
    5 out of 5

    Utopia Property Management delivers outstanding care for every property. Communication stays prompt, issues…

  • B
    Bowen Briggs
    5 out of 5

    Utopia Property Management enhances property value and tenant experience simultaneously. Well-maintained…

  • G
    Griffin Hayes
    5 out of 5

    Clear reporting and transparency make Utopia Property Management stand out. Monthly statements are easy to…

  • L
    Lennox Carter
    5 out of 5

    Working with Utopia Property Management feels collaborative. Recommendations are thoughtful, and property…

  • A
    Archer Boone
    5 out of 5

    Utopia Property Management’s proactive approach prevents small problems from turning into major issues.…

  • Z
    Zander Walsh
    5 out of 5

    Trustworthy service is the hallmark of Utopia Property Management. Every promise is kept, creating confidence…

  • C
    Callum Hines
    5 out of 5

    Utopia Property Management reduces vacancy periods with effective marketing and strategic tenant placement.…

  • R
    Ronan Foster
    5 out of 5

    Professionalism shines in every interaction with Utopia Property Management. Their team handles challenges…

Let us help you. Your property, professionally managed.

Get Started